A Monbulk nursery and horticulture supply company has been charged after a worker suffered fatal head injuries when he fell 3.5 metres through a shed roof onto a concrete floor. The 66-year-old maintenance worker fell through polycarbonate roof sheeting, which he was in the process of replacing, in June 2022. Van Berkel Distributors Pty Ltd is facing 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.

The company also allegedly breached regulation 327(1) of the Occupational Health and Safety Regulations by performing high risk construction work without a safe work method statement (SWMS). It is alleged that the company also 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 matter will be addressed at a filing hearing on 28 February 2024.

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