Construction company charged after worker fall

The 28-year-old worker was standing on an A-frame ladder attempting to cut a tree branch with a chainsaw when he fell almost four metres to the ground in March 2024.

IntraAust Properties Pty Ltd faces four charges under section 21(1) of the Occupational Health and Safety Act for failing to provide and maintain, so far as reasonably practicable, a working environment that was safe and without risks to health.

WorkSafe alleges the company twice breached section 21(2)(a) of the OHS Act by failing to engage a qualified arborist or tree removal specialist and failing to provide a temporary work platform or a telescopic long chainsaw for employees.

It is also alleged the company breached regulation 44(2) the Occupational Health and Safety Regulations by failing to reduce the risks associated with a fall by using a passive fall prevention device and regulation 327(1)(a) of the OHS Regulations by failing to prepare a safe work method statement (SWMS) for the work.

The company faces an additional two charges under section 26(1) of the OHS Act for failing to ensure a workplace under its management and control was safe and without risks to health.

The matter is listed for a filing hearing Melbourne Magistrates' Court on 20 March 2026.