A recent ruling by the Melbourne County Court has sent a powerful message to all Australian employers: ignoring fall protection requirements is no longer tolerated.
The case involved a 66-year-old maintenance manager who fell 3.3 metres while working on a shed roof—with no fall arrest system, no harness, and no Safe Work Method Statement (SWMS) in place for the task. He tragically passed away days later from his injuries.
Originally fined $65,000, Van Berkel Distributors was hit with a quadrupled penalty of $250,000 after WorkSafe Victoria appealed the decision. The court sided with WorkSafe, emphasising the complete absence of fall protection planning and documentation.
“Fall prevention is a workplace non-negotiable.” — Sam Jenkin, Executive Director of Health & Safety, WorkSafe Victoria
Under Australian WHS laws, a SWMS is legally mandatory for any job where there’s a risk of a person falling more than 2 metres.
That includes common activities like:
At SWMS Generator, we make it fast and easy to create SWMS for high-risk tasks — especially for falls from heights. Our platform is mobile-friendly, WHS compliant, and takes minutes to complete.
Don’t wait until tragedy strikes. Stay protected and stay compliant.
Start now at swmsgenerator.com.au