WorkSafe Victoria has charged a landscaping company after a tragic incident in which a man died following a fall from a balcony undergoing renovations at a Keilor home. The incident underscores the critical importance of adhering to safety protocols, particularly regarding balustrades.
The company faces two charges under section 23(1) of the Occupational Health and Safety Act for failing to ensure the safety of individuals other than employees. WorkSafe alleges the company did not take reasonably practicable measures to minimise the risk of falls from height after removing the balcony’s balustrade during structural landscaping works.
The tragic event occurred in December 2022 when the works were paused, leaving the balcony unprotected. During this time, a guest of the property owner fell approximately 2.5 metres from the edge of the balcony, sustaining fatal injuries.
This case highlights the legal and ethical obligations of contractors to maintain a safe environment for all, including visitors and non-employees. Ensuring temporary barriers or protective measures are in place during renovation works involving balustrades is essential to mitigate fall risks.
The matter is scheduled for committal mention at the Melbourne Magistrates’ Court on 12 February 2025.
Key Takeaways for Contractors:
- Temporary Safety Measures: Whenever permanent balustrades are removed, robust temporary barriers must be installed to prevent falls.
- Compliance with Legislation: Contractors must comply with section 23(1) of the Occupational Health and Safety Act to protect all individuals, not just employees.
- Risk Management: Regular risk assessments and practical safeguards should be implemented on all worksites, especially those involving heights.
Balustrades play a vital role in ensuring safety, particularly in construction and renovation settings. Let this serve as a reminder to the industry: safety cannot be compromised, even during temporary work halts.
