Falls from height remain one of the most serious hazards on Victorian worksites, and two recent WorkSafe prosecutions show the courts are treating them that way.

In the first case, a labour hire carpenter was left paraplegic after falling from a ladder while cutting a tree branch with a chainsaw. In the second, WorkSafe inspectors caught three solar installers working on a wet, unprotected roof more than six metres above the ground. Nobody was hurt that day, but the business was still fined.

Here is what happened in each case, what the courts said, and what it means for you if you have been injured at work.

Carrum Downs: a ladder, a chainsaw and a life-changing fall

IntraAust Properties Pty Ltd was the principal contractor on a commercial construction job in Carrum Downs. Among its workers was an experienced, qualified carpenter supplied through a labour hire agency.

On 7 March 2024, a concrete pour was booked. A gum tree branch about 4.5 metres off the ground, roughly six metres long and 20 cm thick, was in the way of the concrete truck and had to come down.

The day before, the site supervisor agreed the carpenter would bring his own chainsaw and cut the branch. The carpenter mentioned he had trimmed branches at home. That was the extent of the planning:

• No one discussed how he would reach the branch safely.
• No arborist or tree removal specialist was engaged.
• No Safe Work Method Statement (SWMS) was prepared.
• No elevated work platform (EWP) was organised.

On the day, the carpenter climbed a 3.7-metre A-frame ladder and began cutting the branch in sections. One section swung down, struck the ladder and threw him head first to the ground. He suffered a dislocated spine and is now paraplegic and uses a wheelchair.

The outcome

The company pleaded guilty. It was convicted, fined $150,000 and ordered to pay $13,335 in costs. The court said the fine would have been $220,000 without the guilty plea.

The court found the company could have reduced the risks by:

• hiring a qualified arborist or tree removal specialist
• providing an EWP or similar temporary work platform
• supplying a long-reach (pole) chainsaw so the work could be done from the ground.

The company also breached its duty by not preparing a SWMS before starting high risk construction work.

What the court said

The court described the impact on the worker and his family as devastating. It stressed that workplace safety offences are judged on the risk created, not just the injury that follows. It found this was a serious example of the offence and a substantial departure from the company’s duty, noting the company knew the dangerous task was going ahead and did nothing to make it safe.

The court took into account that the company had no prior convictions, cooperated with WorkSafe, made significant safety improvements on its own initiative, was a small business, and had faced delays in the case. Even so, general deterrence carried considerable weight.

Mickleham: three installers, a wet roof and no harnesses

Maxwell Electric Services Pty Ltd installs solar systems on homes and businesses, using individual contractors to do the work. Under section 21(3) of the Occupational Health and Safety Act 2004, those contractors were treated as the company’s employees, so it owed them the same safety duties.

On 15 January 2025, WorkSafe inspectors visited a double-storey house in Mickleham. Three workers were on the upper roof near an unprotected edge, about 6.5 metres above the ground. The roof was wet from light rain. None of them was wearing a harness, even though harnesses and guard rails were sitting in the work vehicles.

WorkSafe issued an improvement notice. The company complied by installing perimeter guard rails and making sure everyone on the upper roof was harnessed. The investigation also found there was no site-specific SWMS, and that the company had previously come to WorkSafe’s attention over similar fall risks at a job in Fitzroy.

The outcome

The company pleaded guilty and was fined $24,500 without conviction, plus $4,083 in costs. It accepted it should have used guard rails around the roof edge or, if that was not reasonably practicable, made sure workers were harnessed to a proper anchor point.

What the court said

The court rated this a moderate to serious breach. A fall could have caused serious injury or death, the company knew or should have known about the risk, and the equipment to control it was right there on site. The court accepted the workers were partly setting up safety measures, but noted they were also doing other work while unsecured.

In the company’s favour, it had no prior convictions, pleaded guilty early, and showed that a conviction would hurt its financial position. General deterrence was again the key consideration.

The common thread

One case ended in catastrophic injury; the other ended with no one hurt. Both businesses were still prosecuted, because Victorian safety law focuses on the risk an employer allows, not only on the harm that results.

The two cases share three lessons:

• Height work needs a plan. Both businesses failed to prepare a SWMS before high risk construction work began.
• The right equipment must be used, not just available. An EWP, a pole saw or guard rails would have removed most of the danger.
• Labour hire and contract workers are protected too. Calling someone a contractor or a labour hire worker does not reduce the duty owed to them.

Injured at work? Know your rights

A WorkSafe prosecution punishes an unsafe employer, but it does not compensate the injured worker. That is a separate process, and you need to start it yourself.

In Victoria, WorkCover is a no-fault scheme. If you are hurt at work, you may be entitled to weekly payments and medical and like expenses, even if you think the accident was partly your fault. Labour hire workers and many contractors are covered too. Where a serious injury was caused by an employer’s negligence, you may also be able to claim lump sum damages through a common law claim.

The earlier you get advice, the better placed you are to protect your entitlements.

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