Worker's fall into unfinished pool lands company $750,000 fine
After a worker from another business fell into an unfinished concrete swimming pool, a construction company has been fined $750,000 and a company director $45,000.
The incident
The incident occurred at a private property in Wootatting, 69 km east of Perth, in December 2021, when a worker fell 2.2 m into an unfinished concrete swimming pool inside an undercover alfresco area that was under construction. While the pool had previously been protected by scaffolding, this had been removed to allow access for further work, leaving a serious fall risk for workers working around the pool.
Multiple injuries resulted from the fall, including a severe head injury requiring emergency surgery, and the worker has ongoing health issues as a result of his injuries.
The fines
The company, CASM Construction Pty Ltd (administrators appointed), pleaded guilty to failing to ensure workers were not exposed to hazards and, by that failure, causing serious harm to a worker. The company was fined in Northam Magistrates Court on 14 July 2025.
A company director also pleaded guilty to neglect as a director. He was fined during the same court appearance and granted a spent conviction.
Commissioner’s comment
“A fall from height was identified as a moderate risk in CASM’s Site Specific Safety Management Plan, with special consideration required for swimming pools; however, the pool was left uncovered for a substantial period of time, which created the risk that led to this serious incident,” WorkSafe WA Commissioner Sally North said, noting that the incident should serve as a reminder of the importance of guarding against fall risks in workplaces.
“Western Australia has had a Code of Practice for the Prevention of Falls at Workplaces since 2004, reissued in 2022. The code provides practical guidance to effectively manage fall risks and should be followed in all workplaces where a risk of falls exists,” North said.
“The incident is a timely reminder that it is the duty of anyone in charge of a workplace to conduct a thorough risk assessment before work begins and to put controls in place to reduce the risk of injury to workers and others.
“It’s also a reminder of the sizeable penalties that can be faced by a person conducting a business or undertaking who fails to protect workers or other people at a workplace from risks to their health or safety.”
Pending court appearance
The company that engaged CASM Construction to supervise and manage the building works, AMB Consolidated, has also been prosecuted over the incident and will next appear in court on 22 September.
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