Residential builder faces court over contractor's brush with a steel frame

A small Victorian residential building company was fined $17,000 and ordered to pay costs in relation to an incident in which a contractor was struck by a collapsing steel frame, causing him to fall more than 3 metres (WorkSafe Victoria v Design ‘N’ Build Pty Ltd [2025]).

The company, Design ‘N’ Build Pty Ltd, was constructing two new 2-storey residences. It engaged Auspun Network Pty Ltd to be the site supervisor, and Iron Up Australia Pty Ltd to supply and install steel framing at the site. Iron Up Australia engaged contractors to carry out the work.

On 24 January 2023, four contractors were installing yellow tongue flooring and steel framing on the upper floors of both residences. A steel frame that had not yet been installed fell over and hit a contractor, causing him to fall from 3.23 metres from the upper floor onto the ground. The steel frame then fell on him.

Design ‘N’ Build was charged with failing to provide a safe working environment or minimising the risk to employees for failing to install both a proprietary guard rail system or perimeter scaffold around the perimeter of the upper floors and/or across external window void, and a proprietary stair void protection and access ladder.

In separate proceedings, Iron Up Australia pleaded guilty to similar failures for the same incident as well as the failure to have a safe work method statement in place for the work.

Iron Up Australia was initially convicted and fined $60,000. On appeal, the fine was reduced to $40,000.

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