Bakery fined record $3.4 million for workplace manslaughter

Risham Nominees Pty Ltd, trading as Centenary Bakehouse, was sentenced in the Victorian Supreme Court today after earlier pleading guilty to a single charge of engaging in negligent conduct that constituted a breach of a duty owed to another person and caused their death.

The court heard the company was undertaking ceiling upgrades at the bakery and engaged three workers to remove large insulation panels suspended in the roof space.

In August 2021, a 53-year-old worker fell approximately four metres to the ground below, sustaining fatal head injuries.

A WorkSafe investigation found that before commencing works, the company did not refer to any industry standard or guidance material, nor had any control measures in place to reduce or eliminate the risk of a fall from height. While harnesses were available at the workplace, workers were not required to use them.

It was reasonably practicable for Risham Nominees to have reduced the risk of serious injury or death by using an independent scaffold system such as a birdcage scaffold.

The court heard the company's failure to do so was negligent because it fell well short of the standard of care that would have been taken by a reasonable person in the circumstances.

This is WorkSafe's second prosecution under Victoria's workplace manslaughter provisions since they were introduced in 2020. The fine is the largest ever for a single offence under Victoria's workplace safety laws.

WorkSafe Chief Health and Safety Officer Sam Jenkin said the worker's death was a direct result of the company's failure to implement the necessary safety measure.

"Working at height is one of the most obvious and well-understood workplace risks, with the tragic consequences of non-compliance proven time and time again," Mr Jenkin said.

"Failing to protect your workers is beyond inexcusable and WorkSafe will continue to target negligent employers who choose to ignore their legal duties and gamble with workers' lives."

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.