NEWS

$900k in fines handed out as SafeWork cracks down on falls from heights threats

Almost $1 million in fines have been issued at the halfway point of SafeWork NSW’s 12-month blitz on falls from heights.

The ‘Working at Heights in Construction’ campaign followed a concerning rise in the number of serious injuries and deaths attributed to falls from heights, resulting in 17 people killed between 2018 and 2022.

Since May 2023, SafeWork Inspectors have visited 1,218 worksites resulting in 1,499 Improvement Notices, 727 Prohibition Notices and 352 Penalty Notices amounting to $972,000.

The blitz has seen Inspectors visit several commercial and residential sites across the state, as well as conducting high visibility checks in manufacturing and warehouse industries in addition to inspections in the transport industry leading up to a busy Christmas period.

During their field work, Inspectors gauged that 65 per cent of industry is using the highest form of safety measures as their first choice including the use of fall prevention devices, such as roof guardrails and scaffolding, rather than fall arrest systems such as harnesses.

SafeWork will continue to prioritise the safety of workers at heights in 2024 with continuing inspections, starting off with a blitz on the safe installation of rooftop solar panels this month.

Contractors and builders are obligated to protect workers by identifying height risks and taking steps to control these hazards as far as reasonably practical by implementing higher order controls.

Head of SafeWork NSW Trent Curtin said:

“As we pass the halfway point of SafeWork’s ‘Working at Heights in Construction’ compliance blitz it is important to note that falls from heights is still the number one cause of traumatic fatalities on NSW construction sites.

“While it is encouraging that 65 per cent of industry is using the highest form of safety measures, this means that 35 per cent are not and this needs to change. Otherwise, businesses run the risk of workplace accidents as well as fines and prosecution.

“During one worksite blitz a SafeWork Inspector noted a worker who was not connected to a harness system while working on a roof. When questioned as to why they were not connected, the worker reasoned that they had been roofing for 30 years without an incident.

“Attitudes like this will eventually result in a workplace accident or death. This is simply unacceptable. SafeWork Inspectors will not hesitate to stop work on site, issue fines and consider prosecution against businesses and individuals disregarding the rules.”

Australian money background

Know the Law

SafeWork NSW: Manage the risks of falls - or risk a fine

Safe Work Australia - Working at heights

Industrial Manslaughter:

This is a criminal offence under Section 34 of the Work Health and Safety Act 2011 (NSW).

Maximum Penalty for a Company: $20 million
Maximum Penalty for an Individual or PCBU: 25 years imprisonment

Industrial Negligence

Gross negligence or reckless conduct is a Category 1 offence under Section 31 of the Work Health and Safety Act 2011 (NSW).

Maximum Penalty for a Company: 90,424 penalty points (equivalent to $9,946,640 as of July 2024)
Maximum Penalty for an Individual: 9,038 penalty units (equivalent to $994,180 as of July 2024) or 10 years imprisonment
Maximum Penalty for a PCBU (Person Conducting a Business or Undertaking): 18,805 penalty units (equivalent to $2,068,550 as of July 2024) or 10 years imprisonment

 

CASE STUDIES:

Company director jailed for a year and fined $1m over workplace death

 

STANDARDS:

Managing the risk of falls at the workplace code of practice
AS/NZS 4488.2 – Industrial rope access systems – Selection, use and maintenance
AS/NZS 22846.1 Rope access systems Part 1: Fundamental principles for a system of work
AS/NZS 22846.2 Rope access systems Part 2: Code of practice