Why you should incorporate height safety sooner rather than later.

Source: WAHA Gold Member Kattsafe

The forgotten part of building design

Height access and fall protection systems are often an afterthought and only considered at the final stage of the design, when work has already been commenced or, worse still, once the building has been completed. This lack of planning is a mindset that Kattsafe is endeavouring to change within the industry.

The consequence of failing to correctly design a height safety system early can cause significant knock-on effects to your project:

  • Substructures may not be sufficiently designed to support the new equipment, resulting in the requirement for new slabs to be poured.
  • Schedules for works to implement these changes may cause major disruptions and time delays.
  • If delayed even further, late installations can add additional time to already stretched completion timelines.

As any developer knows, changes at any stage to a project can see budgets blow out by thousands of dollars.

The game has changed in height safety. 

New expectations for safe working at heights are being enforced by the courts and we are all under the microscope.

The thought process in the past was that the responsibility of height access and fall protection systems belonged to either the Owner/Manager or the Contractor. The new reality is that if things go wrong and there is a fatality as a result of a fall from height then everybody from Architect to Builder, Building Owner/Manager to Contractor can all be found accountable. 

Australian work health and safety legislation requires that all design parties “consult, cooperate and coordinate their activities, so far as it is reasonably practicable, and they are not to transfer or delegate responsibilities to others, or assume that someone else is taking care of work health and safety requirements”.

One simple clause does not save you.

Provide compliant roof safety system to Australian Standards.

Having been designing height access and fall protection systems for many years and working alongside all sectors in the building industry, the team at Kattsafe can recall many instances where plans have been drawn up and Designers/Builders wrongly believe the above statement is all that is required to cover them legally.

In a court of law this line of defence is far from acceptable and several recent court rulings have proved this to be true.

It is not enough to install a couple of anchor points. A compliant height safety system design needs to consider many factors such as frequency of access, operator capability, ease of use and most importantly must be fit for purpose.

Getting in on the beginning of your project when designing height access and fall protection ensures a cohesive collaboration and will keep your project moving with no time or financial blow outs. 

Kattsafe’s goal is to bridge the gap in the industry to give Architects, Builders, Designers and Building Owners/Managers peace of mind that they have achieved all their expected responsibilities regarding safe working at heights and fulfilled their duty of care.

To learn more about Kattsafe, click here.

Announcement: WAHA sign MoU with AIHS

The Working at Height Association (WAHA) is thrilled to announce the signing of a Memorandum of Understanding (MOU) with the Australian Institute of Health and Safety (AIHS). It is a significant milestone in the advancement of falls prevention and a major step towards safer workplaces.

WAHA and AIHS will collaborate to advance worker safety through education and awareness to develop best practice benchmarks across all industries. By connecting thought leaders and subject matter experts, this partnership will elevate the understanding of risk and the need for genuine competencies to facilitate positive change. The MOU is testament to the strength of the relationship between WAHA and AIHS, and the shared dedication to cooperation and innovation in safety.

Through the partnership, WAHA and AIHS will exchange expertise, resources, and best practice in safe design; and develop projects to enhance the knowledge and skills of safety professionals.

Under the terms of the MOU, WAHA and AIHS will foster enhanced recognition of best practice and innovative approaches to risk management, facilitate comprehensive training programs, and champion best practices to improve safety and efficiency across all industry sectors. Through this alliance, both organisations reaffirm their unwavering commitment to excellence and their shared vision of advancing the mission for safer workplaces.

AIHS CEO, Julia Whitford, said;

This partnership represents our shared belief that progress in workplace health and safety comes from collaboration, and that we are stronger together. 

One life lost due a workplace fall is one too many, and we are proud of this new partnership which gives us the opportunity to drive change by sharing knowledge and resources. 

It is another great example of how the AIHS works with industry leaders to achieve the common goal of supporting safe and productive workplaces.

WAHA CEO, Scott Barber, explained;

This partnership reflects the passion of like-minded individuals driven by a shared goal of advancing safety, promoting thought leadership and safe design principles, and making a positive impact across all industries. Working in collaboration ensures these best practice principles are accessible, understood and in line with the changing needs of workplaces and the evolution of safe systems of work. 

We are focused on delivering a paradigm shift in the approach to safety, focusing on safe design, education and empowerment of all stakeholders to facilitate change in high-risk safety culture.

The signing of these two organisations heralds a new era of collaboration between industry associations, thought leaders, and facilitators to drive positive change. As WAHA and AIHS embark on this collaborative endeavour, they invite stakeholders, partners, and industry professionals to join them in shaping a safer, more innovative future in the management of safety in high-risk environments.

For more information about the AIHS, click here.

Construction company convicted for failing to comply with notice

Source: SafeWork SA

An Adelaide construction company has been convicted and fined $14,000 for disregarding a SafeWork SA prohibition notice requiring it to address safety concerns at a house it was building.

Fortune Infrastructure, trading as Fortune Living, was sentenced in the South Australian Employment Tribunal on 16 August 2024 following a series of events in April and May 2022.

The case sends a strong message that SafeWork SA may prosecute companies if they fail to follow statutory notices.

Two SafeWork SA inspectors attended a site where a two-storey house was being constructed by Fortune Living on 7 April 2022 to conduct a workplace inspection.

The inspectors observed a worker on the roof installing a length of flashing near an unprotected edge on the western side of the upper level with no control measures in place to manage the risk of falls.

They also observed that the stair void protection system was missing a section and the ladder was unsecured.

Two prohibition notices were issued to stop any work activity on the upper level and roof of the building until safety measures regarding fall protection were put in place.

Prohibition notices require activities to cease until evidence is provided to a SafeWork SA inspector of the steps taken to ensure compliance with WHS laws. An inspector needs to be satisfied with the control measures before work can resume.

Contrary to the notices, the company allowed work on the upper level and roof level to be completed between 4 May and 18 May 2022. Fortune Living was prosecuted for contravening both of the notices.

Fortune Living was fined $14,000 in the South Australian Employment Tribunal.

In his sentencing remarks, Magistrate Lieschke said he accepted that Fortune Living is improving its safety management systems.

However, he said documented examples of how it has managed site safety since the offence “do not inspire confidence”.

“They are generic in nature, but still do not address any site-specific hazards,” Magistrate Lieschke said.

“Fortune’s explanation for the offence centres on the managing director’s omission to read the inspector’s response and his mistaken belief the prohibition notice was satisfied by sending a photo of the balcony rail.

“In my view, Fortune’s explanation is little better than a deliberate contravention of the prohibition due to the concerning ignorance and assumptions of its managing director. The outcomes for safety on this site were the same.”

Attribute to SafeWork SA Executive Director Glenn Farrell: 

This offence is a serious breach of a statutory notice that was issued to prevent unsafe work from continuing.

Instead of following and respecting the prohibition on working at height, Fortune Living devised a work method that introduced another serious hazard of working near a poorly guarded balcony edge, without checking the Inspector was satisfied.

By its conduct Fortune Living placed an unknown number of workers at risk of serious injury.

Statutory notices are issued for a reason and SafeWork SA will not hesitate to prosecute if a business disregards them.

Announcement: The WAHA sign an MoU with RMIT.

WAHA are excited to announce the signing of a ground-breaking Memorandum of Understanding (MoU) with RMIT, a global university of technology, design and enterprise. This MoU was officially signed by the RMIT Director of Vocational Education and Training, Terry McEvoy and WAHA CEO, Scott Barber.

In response to the signing, Scott Barber from WAHA states;

“We are enthusiastic about the future of our collaboration with RMIT and the many exciting opportunities it will bring. By promoting innovative collaborations, knowledge sharing, and the exchange of best practises, this partnership will generate substantial benefits for students, faculty and researchers, and provide new insights and focus for the Association.”

Falls from height doesn’t discriminate, it impacts every sector and therefore requires a multi-disciplinary approach with a holistic view across the entire continuum of education and training, from Vocational and Higher Education through to RTO delivered safety training, and in the application of new Adaptive Learning technologies in competency verification.

The MoU lays the groundwork for a long-lasting partnership between these two institutions. Driven by a shared goal of advancing safety, promoting intellectual growth, and making a positive impact across industry, this partnership exemplifies the partners’ unwavering commitment to an empowered, confident and genuinely competent workforce in high-risk environments.

Both WAHA and RMIT recognise that the cooperative programs and activities that will be explored as part of the MoU will be of significant value to both parties. These initiatives support the new skill requirements and demand for labour across all industry sectors. WAHA is looking forward to participating and supporting ongoing research and education initiatives and development opportunities to improve safety outcomes and empower workers with the knowledge and skills needed to prevent falls and enhance safety awareness. 

WAHA is committed to ensuring the best outcome for all stakeholders exposed to falls environments. We represent a passionate community of safety professionals and subject matter experts committed to working with education institutions, industry partners and government in delivering a paradigm shift in the approach to safety, focusing on safe design, education and empowerment of workers to change high risk safety culture.

To learn more about RMIT, click here.

Announcement: The WAHA sign an MoU with IRATA International.

IRATA International has agreed to a Memorandum of Understanding with the Working at Height Association of Australia (WAHA). Established in 2009, WAHA is a forum for all persons working at height. IRATA, the leading worldwide authority on industrial rope access boasts a membership of over 750 companies across 71 countries, with operations spanning every continent.

IRATA CEO Dr Sheila Kondaveeti explained that although the strategic partnership with WAHA is a recent development, the relationship between the two organisations is longstanding.

“IRATA and its Australasia Regional Advisory Committee represent 64 industrial rope access companies in Australasia and, naturally, we have been active supporters of WAHA. Our new partnership goes further to recognise each organisation’s commitment to safe working practices and how we can collaborate in the future.”

WAHA CEO Scott Barber said,

“The opportunity to collaborate with professional organisations like IRATA ensures that the WAHA mission is relevant to those affected by working at height and that our activities align with the broader objectives of education, empowerment and providing safer workplaces. Ultimately, we are here to ensure people go home safely to their families at the end of the day. Working with respected and established bodies like IRATA helps amplify this messaging around best practice.”

For more information about IRATA International, click here.

Company fined $300,000 after worker fell

Source: SafeWork NSW

Saunders Civilbuild Pty Ltd were convicted and fined $300,000 after a worker was seriously injured in a fall through an inadequately covered penetration on a bridge.​

Saunders Civilbuild were contracted to undertake the design and construction of a bridge over a river. Two workers were walking across concrete girders carrying lengths of steel when one of the workers placed his foot onto a steel infill panel. The panel dislodged and he fell approximately five metres through the void. The worker was found in 150-200mm of water in the riverbed below and suffered serious injuries from the fall.​

During the bridge construction, steel infill panels were installed in voids between the concrete girders on the deck of the bridge to allow for the pouring of concrete. The panels were pre-cut to a standard size to fit the voids, however some of the girders were bowed when put in place which created variation in void distances. In the area where the incident took place, the panels did not sufficiently overlap the concrete rebate on either side to allow them to be securely attached. ​

The Court found the risk of death or serious injury from a fall was foreseeable, but the precautions taken were inadequate. Safe systems of work were not in place to allow for panels to be installed securely where variations in distance occurred or to confirm that the panels were installed securely before use. ​

Visit our website for a comprehensive collection of safety resources, guides and information designed to keep you and your workers safe: https://www.safework.nsw.gov.au/your-industry/construction/work-safely-at-heights-in-construction

Roofer injured after fall at construction site

Source: WorkSafe QLD

A young roofer was seriously injured in an incident after falling approximately 4-5 metres at a construction site.

Initial enquiries indicated the roofer was attempting to access the scaffold from the roof when for reasons yet to be established, they fell through the scaffold to the ground.

Investigations are continuing.

IMPORTANT

These findings are not yet confirmed, and investigations are continuing into the exact cause.

Safety issues

Fall hazards are found in many workplaces where work is carried out at height. This includes but is not limited to work tasks:

  • near an unprotected open edge, for example roof edges, incomplete stairwells or leading formwork edges.
  • on roofs where skylights or other potentially brittle surfaces are present.
  • near open excavation where a fall risk exists.

The erection, alteration, use and dismantling of a scaffold exposes workers to the risk of a serious fall or being struck by falling objects, such as scaffold components and tools. There is even a risk of scaffold collapse. In addition, unauthorised access, use or alteration of a scaffold can affect its integrity and introduce significant hazards and risks (e.g., the risk of a worker falling from height, if a part of the structure is removed).

Workers accessing a floor or roof from a scaffold can be exposed to the risk of falling if the horizontal gap is large or the scaffold is not adequately tied to the building.

A scaffold can be in place for a significant length of time, with many different workers from various trades having access to and using the scaffold. This means the scaffold could potentially be altered or tampered without the person with management and control of it being aware. A scaffold may be altered, for example, to provide ease of access for specific work activities, and the consequences of these alterations may not be understood.

Ways to manage health and safety

Effective risk management starts with a commitment to health and safety from those who manage the business. If an incident occurs, you’ll need to show the regulator that you’ve used an effective risk management process. This responsibility is covered by your primary duty of care in the Work Health and Safety Act 2011.

Use the hierarchy of controls to help decide how to eliminate and reduce risks in your place of work. The hierarchy of controls ranks types of control methods from the highest level of protection and reliability to the lowest. It’s a step-by-step approach to eliminating or reducing risks. You must work through the hierarchy of controls when managing risks, with the aim of eliminating the hazard, which is the most effective control.

Possible control measures to prevent similar incidents

For PCBU’s operating in the construction industry, you must put additional controls in place to manage the risk of falls. Part 6.3, Division 4, Subdivision 2 of the Work Health and Safety Regulation 2011, gives detailed information on the requirements you must meet.

The specific requirements for scaffold and scaffolding work are located in Part 5.1, Subdivision 3 – Additional control measures for particular plant and Part 6.3, Subdivision 4 – Scaffolding of the Work Health and Safety Regulation 2011.

There is almost always a gap between the working face of a scaffold and the building or structure being constructed (internal gap). According to section 3.6.2 of the Scaffolding Code of Practice 2021 (the Code)AS/NZS 1576.1 Scaffolding – General Requirements allows a distance of 100 mm – 225 mm from the scaffold working deck to the building structure horizontally, a 300 mm gap vertically from the top of a floor level and a 300 mm gap from the underside of a soffit level. Section 3.6.2 includes diagrams that illustrate the maximum allowable gap.

A scaffold being used to access a floor or roof should always be tied back to the building to prevent the scaffold moving away from the floor or roof as a worker steps off it. This includes mobile scaffolds.

Consideration should be given to implementing a control to close gaps where work activities are being undertaken above or alongside them. Gaps should be eliminated over common access and egress points. There can sometimes be uncertainty between construction site duty holders about who is responsible for managing the risks posed by scaffold gaps. Initially, the scaffolder is responsible for ensuring the scaffold is compliant during its construction, and before handover and use by other workers.

The person who commissioned the scaffold has a duty to ensure the scaffolding work does not adversely impact on the health and safety of other workers on the site during this time. In addition, the scaffold should be monitored and maintained for the duration of its use to account for factors such as unauthorised alteration, overloading, and adverse environmental conditions. The Work Health and Safety Regulation 2011 includes requirements regarding mandatory inspection intervals for particular scaffolds.

All PCBUs must ensure the safety of their workers and others when using the scaffold.

In most cases, a combination of the control measures will provide the best solution to minimise the risk to the lowest level reasonably practicable. This includes:

  • Working on solid constructions. A solid construction has:
    • a surface that can support all people and things that may be located or placed on it. When in doubt, have a structural engineer determine the safe load capacity before use.
    • barriers to prevent a fall around its perimeter and any openings. The barrier must be designed and constructed to withstand the force of someone falling against it. Barriers should consist of guardrails, solid balustrades, or other structural components.
    • an even surface and gradient that’s easy to negotiate. Surfaces of a solid construction must be non-slip, free from trip hazards and should generally not exceed 7 degrees, (1 in 8 gradient).
    • a safe way to enter and exit. For example, permanently installed platforms, ramps, stairways, or fixed ladders.
  • In performing scaffolding work where a person or thing may fall more than four metres from the scaffold, a scaffolder must hold a basic, intermediate or advanced high risk work licence as specified under Schedule 3 of the WHS Regulation. Only a person who holds a qualification set out in Schedule 4 of the WHS Regulation may apply for a high risk work licence.

Develop a safe system of work for managing the risk of falls associated with scaffolding. This could include, but is not limited to:

  • if high risk construction work is to be carried out, the Work Health and Safety Regulation 2011 requires that a safe work method statement (SWMS) is prepared before the proposed work starts. All duty holders involved in a high-risk work activity must make sure the work is carried out in accordance with the SWMS.
  • providing information, training and instruction to workers and others at the workplace advising them of the exclusion zones in place around scaffolding and adjoining areas to prevent unauthorised persons from accessing the area.
  • organising and sequencing of work tasks – you can sequence jobs so different trades are not working above or below each other at the same time.
  • PCBU’s must also consult with workers whose health and safety is likely to be affected (consultation must be regular and ongoing). Further guidance is available in the Work health and safety consultation, co-operation and co-ordination code of practice 2021 (PDF, 0.49 MB).
  • consultation with all relevant parties before work starts. Sometimes a PCBU may share responsibility for a health and safety matter with other PCBU’s who are involved in the same activities or who share the same workplace. In these situations, the PCBUs must exchange information to find out who is doing what and work together in a cooperative and coordinated way so that all risks are eliminated or minimised as far as reasonably practicable.
  • the person responsible for the erection or alteration of the scaffold should provide the PCBU or principal contractor with a handover certificate and keep it on site until the scaffold has been dismantled.
  • developing procedures for the inspection and maintenance of scaffolds and scaffolding components to ensure they remain in a safe condition. The required frequency of inspections may vary depending on weather and site conditions, the type and size of the scaffold and the risks associated with scaffold collapse.
  • implementing good housekeeping practices by ensuring items are cleaned up and kept away from edges and stairways.
  • conducting an inspection of the work area prior to commencing a task to ensure that it is safe.

Depending on the task, any remaining risk must be minimised with suitable personal protective equipment. For example; hard hats; gloves; protective footwear; eye protection; high visibility clothing.

The control measures you put in place should be reviewed regularly to make sure they work as planned.

Young workers

Business owners must also ensure the work environment, and the way young employees do their job is safe and healthy, regardless of the type and terms of their employment.

Employers of young workers should:

  • understand their risk profile
  • ensure a safe and healthy workplace
  • provide information, training, instruction, and supervision
  • develop a positive workplace culture.

Consider the tasks you give to new and young workers given their skills, abilities, and experience. Before a young person begins work, a PCBU should:

  • identify the gaps in the worker’s knowledge and assess their ability to work safely (competency should be tested).
  • not accept a young worker’s assurance that he or she is experienced and competent.

It’s important for young workers to actively participate in the way work health and safety is managed. This means taking induction and training seriously, using the risk management process for work tasks, and asking for help before starting a task they’re not familiar with or comfortable carrying out.

More Information

Company fined $75,000 after worker fell 2.7 metres.

Source: SafeWork NSW

Laggner Constructions Pty Ltd has been convicted and fined $75,000 after a worker fell approximately 2.7 metres through a void, resulting in serious injuries.​

The Court heard that at the time of the incident, two pieces of loose plywood had been placed over a stairway void on the second level of a house under construction. The plywood sheets were not secured and were not strong enough to hold the weight of a person. The worker stepped onto the plywood sheets and fell through the void to the ground floor below.​

This incident could have been avoided by:​
• Installing adequate coverage or barricades for the void
• Preventing workers from accessing the area
• Communicating with workers about the presence of the void and its risks
• Supervising workers

Falls from heights are the leading cause of traumatic fatalities in the NSW building and construction industry, and they are entirely preventable.​

Visit the SafeWork NSW website for a comprehensive collection of safety resources, guides and information designed to keep you and your workers safe.

$40,000 fine after worker injured due to lack of fall protection

Source: WorkSafe Victoria

A steel fabrication and installation company has been convicted and fined $40,000 after continuing to put workers at risk on a Geelong construction site, even after a worker was seriously injured.

NJ Steel Fabrications Pty Ltd was sentenced in the Geelong Magistrates’ Court on Thursday after pleading guilty to three charges of failing to provide and maintain a safe workplace and one charge of failing to provide information, instruction or training.

The company was also ordered to pay $8,375 in costs.

The court heard NJ Steel Fabrications had been engaged to provide structural steel works for an alfresco dining area at a retail premises in Geelong, including the installation of steel and plastic roof sheeting.

In January 2022, two workers were on top of the steel structure installing roof sheets when one of them fell through a gap approximately 3.85 metres to the ground below.

He sustained serious injuries including bleeding on the brain, a fractured pelvis, several fractured ribs, lacerations to his liver and kidney and bleeding associated with his adrenal gland.

WorkSafe inspectors attended and found there was no safe work method statement (SWMS) on site and one that had been prepared for the installation was not reviewed and revised to address the high risk construction work being performed. There were also no fall prevention measures being used and none of the workers on site were experienced or trained in working at heights.

It was reasonably practicable for NJ Steel Fabrications to install passive fall prevention devices such as guard railing and safety mesh, and to have provided training to workers on the hazards and risks of working at heights, the need for passive fall prevention devices and their implementation.

In February 2022, inspectors returned to the site and found the company’s director and another worker on the roof without internal fall prevention measures in place. Within an hour of WorkSafe leaving the site, the director was again observed working on the roof without adequate fall protection.

The court found NJ Steel Fabrication had failed to control the risk of a fall from height by affixing safety mesh to the entire roof area of the steel structure.

WorkSafe Executive Director Health and Safety Sam Jenkin said the company’s blatant disregard for the safety of workers was inexcusable.

“It is no secret that there is simply no safe way to work from heights without the appropriate training and fall prevention measures in place,” Mr Jenkin said.

“It beggars belief that this company still failed to install adequate controls to ensure the site was safe even after the risk had eventuated and a worker had suffered serious injuries.”

To prevent falls from height employers should implement the highest possible measures from the five levels in the hierarchy of controls:

  • Level 1 – Eliminate the risk by, where practicable, doing all or some of the work on the ground or from a solid construction.
  • Level 2 – Use a passive fall prevention device such as scaffolds, perimeter screens, guardrails, safety mesh or elevating work platforms.
  • Level 3 – Use a positioning system, such as a travel-restraint system, to ensure employees work within a safe area.
  • Level 4 – 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.
  • Level 5 – Use a fixed or portable ladder, or implement administrative controls.

When undertaking High Risk Construction Work (HRCW), duty holders must:

  • Ensure HRCW is not performed unless a Safe Work Method Statement (SWMS) is prepared.
  • Ensure that once a SWMS has been developed, all HRCW work is undertaken in accordance with that SWMS.
  • Stop work immediately, or as soon as it is safe to do so, once they become aware a SWMS is not being followed.
  • Review the SWMS whenever there is a change in the work being undertaken or if there is an indication that control measures are not adequate.

NSW business fined $75,000 after worker fell.

Source: SafeWork NSW

Laggner Constructions Pty Ltd has been convicted and fined $75,000 after a worker fell approximately 2.7 metres through a void, resulting in serious injuries.​

The Court heard that at the time of the incident, two pieces of loose plywood had been placed over a stairway void on the second level of a house under construction. The plywood sheets were not secured and were not strong enough to hold the weight of a person. The worker stepped onto the plywood sheets and fell through the void to the ground floor below.​

This incident could have been avoided by:​
• Installing adequate coverage or barricades for the void
• Preventing workers from accessing the area
• Communicating with workers about the presence of the void and its risks
• Supervising workers

Falls from heights are the leading cause of traumatic fatalities in the NSW building and construction industry, and they are entirely preventable.​

Visit our website for a comprehensive collection of safety resources, guides and information designed to keep you and your workers safe: https://www.safework.nsw.gov.au/your-industry/construction/work-safely-at-heights-in-construction