A fine imposed on a roofing company that failed to protect a worker from a four-metre fall has been increased more than fivefold following an appeal.

D Buck Roofing Pty Ltd had its original fine sentencing of $7,500 in the Broadmeadows Magistrates’ Court set aside with the County Court ordering the company to pay $40,000 without conviction.

The company was also ordered to pay $3,985 in costs.

“This should serve as a warning to any employer who thinks they can get away with cutting corners, it is just not worth exposing your workers to the risk of injury and opening yourself up to severe financial penalties,” WorkSafe executive director of health and safety Narelle Beer says.

“WorkSafe will always look to exercise its right to appeal a prosecution result where we believe it does not reflect the seriousness of the offending.”

The court heard that in August 2021, a worker fell through a gap in safety mesh while working on the roof of a building extension at a Donnybrook school, falling approximately 4.2m to the ground. The worker required 15 surgeries after suffering a broken fibula and tibula in his right leg and shattering his left heel bone.

A WorkSafe investigation found the installation of safety mesh on the roof was unfinished as the company had run out, while the guard railing around the roof’s perimeter was also incomplete.

Construction continues to be the highest-risk industry for falls from heights and WorkSafe inspectors are conducting a statewide blitz on building sites across Victoria to ensure employers have the highest level of risk control measures in place.

To prevent falls from height employers should:

• Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
• Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.
• Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
• Use a fall arrest system, such as a harness, catch platform or safety nets, to limit the risk of injuries in the event of a fall.
• Use a fixed or portable ladder or implement administrative controls.