Charges after fatal fall through shed roof

WorkSafe has charged a Monbulk nursery and horticulture supply company after a worker suffered fatal head injuries when he fell 3.5 metres through a shed roof onto a concrete floor.

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Van Berkel Distributors Pty Ltd faces three charges under section 21(1) of the Occupational Health and Safety Act for failing, as far as reasonably practicable, to provide and maintain a safe working environment.

It is alleged the company breached regulation 327(1) of the Occupational Health and Safety Regulations by performing high risk construction work without a safe work method statement (SWMS).

WorkSafe also alleges the company breached section 21(2)(a) of the OHS Act by failing to provide and maintain a safe system of work; and regulation 44(4) of the OHS Regulations by failing to use a fall arrest system.

The charges relate to the death of a 66-year-old maintenance manager who fell through polycarbonate roof sheeting, which he was attempting to replace, in June 2022.

The matter is listed for a filing hearing at Melbourne Magistrates' Court on 28 February 2024.