Fall from the Roof: $225,000 Fine Highlights Persistent Failures in Height Safety

Safety Jon
Nov 4
3 min read

The NSW District Court has fined Wrigley Metal Roofing Co Pty Ltd $225,000 after a worker fell almost 4 m from a roof at Avalon Beach in 22. The conviction under s32 of the Work Health and Safety Act 2011 (NSW) underscores the importance of implementing safe systems for roof work.

The incident

On 25 Jul 22, a roof worker engaged by Wrigley Metal Roofing Co Pty Ltd fell 3.8 m while re-sheeting and cladding a residential roof at Avalon Beach. A principal contractor had subcontracted the company to complete the metal roofing works.

SafeWork NSW’s investigation found that no adequate edge protection or fall-arrest system was in place, despite the height and nature of the work clearly meeting the definition of high-risk construction work under Reg 291 of the WHS Regulations.

The worker sustained serious injuries. The District Court found that the risk of a fall was both foreseeable and easily preventable through reasonably practicable measures such as scaffolding, guardrails, or an appropriately certified harness system.

The court’s findings

The company pleaded guilty to failing to comply with its primary duty of care under s19(1) of the WHS Act, exposing a worker to a risk of death or serious injury. The offence, prosecuted under Section 32, resulted in a $225,000 fine.

In sentencing, the Court noted that:

The risk was prominent and well-known within the industry.
No safe-work method statement (SWMS) adequately addressed fall control.
There was insufficient supervision and verification of safety controls by both the subcontractor and principal contractor.
The company’s post-incident cooperation and early guilty plea resulted in a reduced penalty from a higher starting point.

The judgement is now available via NSW Caselaw and has been published in SafeWork NSW’s media releases.

Lessons for industry

Falls remain the leading cause of traumatic death in construction across Australia. Every year, SafeWork NSW and other regulators prosecute duty holders who continue to rely on unsafe or informal roof-access arrangements.

This case reinforces several non-negotiables:

Plan before you climb. Identify roof access points, fall hazards, fragile surfaces, and exclusion zones.
Implement edge protection or fall-arrest systems for all work above 2 m unless a solid construction barrier eliminates the risk.
Use and test anchor points that comply with AS/NZS 1891.4, ensuring workers are trained and supervised in their use.
Verify SWMS on site—not just on paper. Supervisors must verify that the system of work aligns with the actual conditions.
Engage competent contractors who can demonstrate height-safety capability through documented procedures and inspection records.

Why this matters for safety professionals

The Wrigley Metal Roofing case illustrates how routine, short-duration tasks often pose the most significant complacency risk. Roofing companies, builders, and homeowners who engage subcontractors must understand that they cannot delegate the duty of the PCBU under s19(1).

For WHS managers, auditors, and principal contractors, it is a reminder to:

Audit your subcontractor SWMS library for adequacy and relevance.
Include edge-protection inspections in pre-start checklists.
Require photos of installed controls before sign-off.
Escalate any instance where fall protection is bypassed or removed “for convenience”.

The Safety Jon takeaway

A $225,000 fine for a small contractor can be fatal for the business, but the greater tragedy lies in the fact that someone almost lost their life while performing a task with well-known, low-cost controls.

Fall prevention is not about paperwork; it’s about culture, verification, and leadership on-site. If your teams are still talking about “getting the job done” before “getting it safe”, this case should reset the conversation.