Fall through a gap between a scaffold and building reveals gaps in safety systems

An NSW construction company was fined $135,000 after it failed to ensure the health and safety of workers by preventing or minimising the risk of workers, including an independent contractor and fourth-year apprentice, falling from a height (SafeWork NSW v Aria Carpentry and Construction Pty Ltd [2025]).

The incident

Delta Construction Group Pty Ltd (Delta) engaged Aria Carpentry and Construction Pty Ltd (Aria) to conduct carpentry roof-framing and decorative feature works at a residential site in Belmore, New South Wales. Delta had engaged Ultra Scaff & Form Group Pty Ltd (Ultra) to install the scaffolding at the site, which was completed by a licensed scaffolder engaged by Ultra on 3–4 February 2022. Delta agreed to Aria commencing works on the site on 28 March 2022, despite no handover certificates being provided by Ultra, and no inspection by a licensed scaffolder at any time between 5 February 2022 and 31 March 2022.

Prior to the incident, Aria’s independent contractor spoke to the full-time supervisor of the site. The supervisor attempted to contact Ultra to request alterations to the scaffolding but was unsuccessful.

On 31 March 2022, the independent contractor began working on the third level of the scaffold, without being informed of any safety concerns relating to the scaffolding, including that there was an inaccessible section. A fourth-year apprentice from Aria (apprentice) was passing timber to the independent contractor when the scaffold plank dislodged. At approximately 9:45am, the independent contractor fell through a gap between the scaffold and the building. Earlier that morning, the apprentice had been standing on the same plank from which the independent contractor fell.

The scaffolding was not complete and did not comply with Australian Standards at the time of the incident. Access to the scaffold and surrounding work areas were blocked by rubbish. The site also had open and unprotected stair voids, edges and balconies inside and on the building under construction, from which a worker could fall.

Judgment

The Court found that Aria failed to ensure the health and safety of workers by not:

conducting a risk assessment in relation to the tasks to be undertaken at the site;
prohibiting workers from using the scaffold until a site-specific risk assessment was undertaken;
prohibiting workers from working at heights until adequate controls were implemented, such as installing handrails, guard rails, fencing and void covers;
developing and implementing safe work practices in relation to working at heights at the site; and
providing adequate information, training and instruction to its workers in the above safe work practices.

Aria pleaded guilty and was convicted, fined $135,000 (reduced from $200,000) and ordered to pay the prosecutor’s costs. An Adverse Publicity Order was also ordered, requiring Aria to have published the outcome of the sentencing hearing in two consecutive editions of the Master Builder magazine.

When employees perceive performance management as bullying – Part 1
Performance management is a frequent context for bullying applications under the Fair Work Act 2009 (Cth) anti-bullying scheme ...