Falls from height can have severe consequences for your business, far beyond the immediate harm to employees. Prosecution costs for failing to provide a safe working environment can be significantly higher than the investment needed to install a proper height safety system, even if no fatality occurs. Following Tasmania introducing industrial manslaughter laws in September 2024, workplace manslaughter laws are now in place across all of Australia, cementing the seriousness of workplace negligence when it comes to safety. In fact, falls from heights accounted for 9% of workplace fatalities in 2022, highlighting the importance of fulfilling your safety obligations and minimising risks to prevent tragic outcomes.
As leaders in the height safety industry, we believe it’s crucial to inform business owners of the heavy penalties for failing to comply with height safety regulations. Beyond the financial repercussions, workplace incidents and fatalities can have a profound mental and emotional toll on employers. Implementing a height safety system is not just a regulatory requirement—it’s an essential measure for comprehensive risk management that safeguards both lives and livelihoods.
See below to what laws apply to you and recent workplace incidents that have occurred in your area.
QUEENSLAND
Know the Law
| Legislation | Maximum Penalty – Company | Maximum Penalty – Individual & PCBU |
| Industrial Manslaughter Criminal offence under Section 34 of the Work Health and Safety Act 2011 (QLD). | 100,000 penalty points ($16,130,000 as of July 2024) | 20 years imprisonment |
| Industrial Negligence Exposing an individual to risk of death or serious injury is a Category 1 offence under Section 31 of the Work Health and Safety Act 2011 (QLD). | $3 million fine | Individual: $300,000 fine or 5 years imprisonment. PCBU: $600,000 fine or 5 years imprisonment. |
Recent Prosecution Case
A QLD building company was fined $80,000 and the company director $10,000 on 30 September 2021 due to an incident where one of the company’s workers fell from a height on a construction site, sustaining multiple injuries. the worker sustain a traumatic brain injury, fractured ribs and a fractured scapula. The Workplace Health and Safety Queensland investigation found there were no fall protection measures in place to protect the worker.
What Anchor Safe height system could have been put in place to prevent this incident?
Roof safety guardrails are the most recommended fall protection system in the hierarchy of control measures, in this instance a guardrail system would have ensured the worker did not fall from the roof. Alternatively, a more cost-effective fall protection solution would have been anchor points to secure the worker during tasks.
NEW SOUTH WALES
Know the Law
| Legislation | Maximum Penalty – Company | Maximum Penalty – Individual & PCBU |
| Industrial Manslaughter Criminal offence under Section 34 the Work Health and Safety Act 2011 (NSW). | $20 million | 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). | 90,424 penalty points ($9,946,640 as of July 2024). | Individual: 9,038 penalty units ($994,180 as of July 2024) or 10 years imprisonment. PCBU: 18,805 penalty units ($2,068,550 as of July 2024) or 10 years imprisonment. |
Recent Prosecution Case
SafeWork NSW recent safety blitz focusing on working at heights has resulted in 1,499 Improvement Notices, 727 Prohibition Notices and 352 Penalty Notices totalling $972,000. SafeWork NSW will continue focusing on worker safety at heights in 2024, starting with a blitz on rooftop solar panel installations.
More specifically, a recent case was brought to the NSW District Court after LJW Solar Pty Ltd had five workers installing a solar system on a newly built child care center roof. When it began to rain one worker slipped and due to the lack of a height safety system and correctly worn PPE, fell 3.5m, resulting in a T12 burst fracture and a pelvis fracture. The company was fined $600,000 for failing to ensure worker safety and exposing them to the risk of serious injury.
What Anchor Safe height system could have been put in place to prevent this incident?
Our guardrail systems can be installed as edge protection along fall edges, on platforms and around access hatches, stairways and skylights. A easy solution to ensure your risks are minimised when installing solar panels.
VICTORIA
Know the Law
| Legislation | Maximum Penalty – Company | Maximum Penalty – Individual & PCBU |
| Industrial Manslaughter Criminal offence under section 39G of the Occupational Health and Safety Act 2004 (VIC). | 100,000 penalty points ($19,759,000 as of July 2024). | 25 years imprisonment. |
| Industrial Negligence Reckless endangerment is an indictable offence under section 32 of the Occupational Health and Safety Act 2004 (OHS Act). Failing to provide and maintain a safe workplace is covered under section 21 of the OHS Act. | 20,000 penalty points ($3,951,800 as of July 2024). | 1800 penalty points ($355,662 as of July 2024) or 5 years imprisonment. |
Recent Prosecution Case
In September 2021, a WorkSafe inspector observed five workers removing solar panels from a 7m high roof without wearing harnesses or having edge protection, despite the work being classified as high-risk. The company had also failed to prepare a SWMS due to issues with an online application. Sentenal Technologies Pty Ltd pleaded guilty to three charges under the OHS Act and were fined a total of $30,000 for failing to provide a safe system of work and for not ensuring a Safe Work Method Statement (SWMS) was in place for high-risk construction work. Additionally, they were fined $2,000 without conviction and ordered to pay $7,890 in costs.
In April 2022, while repairing an in-ground tank, workers used unstable metal planks without fall protection, resulting in two falls. One worker fell head-first into the tank, suffering paraplegia, while the other sustained a shoulder injury. Watertank Solutions Victoria Pty Ltd was fined $45,000 in the Ballarat Magistrates’ Court for failing to provide a safe work system, they were also ordered to pay $3,960 in legal costs. WorkSafe’s Sam Jenkin emphasised the company’s serious neglect of fall protection in high-risk conditions, leading to severe, life-altering injuries.
What Anchor Safe height system could have been put in place to prevent this incident?
Anchor points are a common and cost-effective means of fall protection for roof-top workers in Australia and can be installed on a range of surfaces including concrete tanks. They provide a secure connection point for workers to attach their safety harnesses and lanyards while working on a roof. Roof anchor points can be permanent or temporary, in this scenario, a roof anchor system would have been adequate fall protection.
AUSTRALIAN CAPITAL TERRITORY
Know the Law
| Legislation | Maximum Penalty – Company | Maximum Penalty – Individual & PCBU |
| Industrial Manslaughter Criminal offence under section 34A of the Work Health and Safety Act 2011 (ACT). | $16.5 million fine. | 20 years imprisonment. |
| Industrial Negligence Category 1 – Gross negligence or reckless conduct if the most serious industrial negligence offence under section 31 of the Work Health and Safety Act 2011 (ACT). | $3 million fine. | Individual: $300,000 fine or 10 years imprisonment, or both. PCBU: $600,00 fine or 10 years imprisonment, or both. |
Recent Prosecution Case
In February 2020, carpenter Thomas Magi fatally fell 6.5m over an unprotected fall edge in west Canberra. Better Building Holdings Pty Ltd was convicted of category 2 charges under the Work Health and Safety Act 2011 (ACT) and was fined $450,000.
After an employee suffered serious arm and wrist injuries, when his glove was caught and he was pulled into a conveyor belt, Rocla Pty Limited was charged with breaching section 49 of the Occupational Health and Safety Act 1989. For failing to comply with safety duties resulting in serious harm the company was initially convicted and fined $200,000 by the ACT Magistrates Court, however on appeal to the ACT Supreme Court the fine was reduced to $100,000.
What Anchor Safe height system could have been put in place to prevent this incident?
Roof safety guardrails are the most recommended fall protection system in the hierarchy of control measures and would have been the most suitable option in this scenario. A well-designed and compliant guardrail system is one of the safest ways to protect workers from accessing an edge or void, minimising the dangers of falling from heights. Roof guardrail systems are exceptionally user-friendly and require minimal maintenance.
SOUTH AUSTRALIA
Know the Law
| Legislation | Maximum Penalty – Company | Maximum Penalty – Individual & PCBU |
| Industrial Manslaughter Criminal offence under section 30A of the Work Health and Safety Act 2012 (SA). | $18 million fine. | 20 years imprisonment. |
| Industrial Negligence Gross negligence or reckless conduct is a Category 1 offence under section 31 of the Work Health and Safety Act 20212 (SA). | $3 million fine. | Individual: $300,000 fine or 5 years imprisonment, or both. PCBU: $600,000 fine or 5 years imprisonment, or both. |
Recent Prosecution Case
A South Australian company has agreed to spend more than $875,000 on safety improvements after entering into an Enforceable Undertaking with SafeWork SA as an alternative to prosecution. The legally binding commitment is a result of an incident where there was no height safety system in place to stop a worker falling 3.76m from a live edge on a mezzanine level platform. The employee sustained severe injuries including a fractured skull and ribs, broken vertebrae, hearing loss and amnesia.
What Anchor Safe height system could have been put in place to prevent this incident?
Roof safety guardrails are the most recommended fall protection system in the hierarchy of control measures and would have been the most suitable option in this scenario. A well-designed and compliant guardrail system is one of the safest ways to protect workers from accessing an edge or void, minimising the dangers of falling from heights. Roof guardrail systems are exceptionally user-friendly and require minimal maintenance.
WESTERN AUSTRALIA
Know the Law
| Legislation | Maximum Penalty – Company | Maximum Penalty – Individual & PCBU |
| Industrial Manslaughter Criminal offence under Section 30A of the Work Health & Safety Act 2020 (WA). | $10 million. | 20 years imprisonment or $5 million fine. |
| Industrial Negligence Neglecting duty of care for employees is an indictable offence under Section 19 of the Work Health and Safety Act 2020 (WA). | $3.5 million fine. | 5 years imprisonment or a fine up to $680,000. |
Recent Prosecution Case
A Western Australian site with no adequate fall injury prevention systems in place has seen a young 17 year old boy (Wesley Ballentine) fall 12m to his death through a void in the roof of an internal atrium. Industrial Construction Services Pty Ltd was found guilty of failing to provide and maintain a safe work environment. The WA company was ordered to pay a total of $105,813.50, they were fined $60,000 and ordered to pay $45,813.50 for legal costs.
What Anchor Safe height system could have been put in place to prevent this incident?
A properly designed and compliant guardrail system offers one of the safest means to prevent workers from accessing edges or voids, significantly reducing the risk of falls from heights. Additionally, roof guardrail systems are highly user-friendly and require minimal maintenance.
NORTHERN TERRITORY
Know the Law
| Legislation | Maximum Penalty – Company | Maximum Penalty – Individual & PCBU |
| Industrial Manslaughter Criminal offence under Section 34B of the Work Health and Safety (National Uniform Legislation) Act 2011. | 65,000 penalty units ($12,025,000 as of July 2024) | Imprisonment for life. |
| Industrial Negligence Reckless conduct is a category 1 offence under Section 31 of the Work Health and Safety (National Uniform Legislation) Act 2011. | $3 million fine. | Individual: $300,000 fine or 5 years imprisonment, or both. PCBU: $600,00 fine or 5 years imprisonment, or both. |
Recent Prosecution Case
Darwin Local Court has fined two construction companies following a 2017 incident where a 31-year-old worker fell 3 meters onto a concrete floor. Only visual warnings were used to control the risk of skylight openings, which proved ineffective highlighting the importance of full risk management and total height safety compliance.
Breakthrough (NQ) Pty Ltd, the employer of the injured worker, was fined $30,000 for failing to comply with health and safety duties and an additional $2,500 for not preserving the incident site. Probuild (NT) Pty Ltd, the principal contractor, also received a $30,000 fine for breaching health and safety duties. Breakthrough (NQ) Pty Ltd and Probuild (NT) Pty Ltd were also ordered to pay victims’ levies of $2000 and $1000, respectively.
What Anchor Safe height system could have been put in place to prevent this incident?
The best way to stop a worker from falling through a skylight is to prevent their ability to step or fall on them. Preventative measures like skylight protection covers, roof walkways with dedicated skylight crossovers and guardrails are highly effective passive systems. These systems not only enhance safety and compliance but also align with the hierarchy of control measures, prioritising fall prevention over less desirable fall arrest methods.
TASMANIA
Know the Law
| Legislation | Maximum Penalty – Company | Maximum Penalty – Individual & PCBU |
| Industrial Manslaughter Criminal offence under section 29 of the Work Health and Safety Act 2012 (Tas). | $18 million. | 21 years imprisonment. |
| Industrial Negligence Section 19 and 27 of the Work Health and Safety Act 2012 (Tas) establishes the duty of care responsibilities of a person conducting a business or undertaking. | $3 million fine. | Individual: $300,000 fine or 5 years imprisonment, or both. PCBU: $600,00 fine or 5 years imprisonment, or both. |
Recent Prosecution Case
Due to an incident that resulted in a worker sustaining serious injuries after falling from heights onto a star picket, Macquarie Builders has been fined $115,000. The incident occurred while the employee was working on a public toilet and change room at Kingston Beach; the mobile scaffold he was on slipped, causing him to fall onto a star picket used for concrete support. The company was found guilty of failing to ensure the worker’s health and safety and failing to preserve the incident site.
What Anchor Safe height system could have been put in place to prevent this incident?
Being harnessed onto an anchor point would have significantly enhanced the worker’s safety in this situation by preventing falls. An anchor point is a secure attachment that can withstand the forces exerted in the event of a fall, when properly used with a harness and lanyard.