Charges after fatal fall through shed roof

Van Berkel Distributors Pty Ltd faces 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.

It is alleged the company breached regulation 327(1) of the Occupational Health and Safety Regulations by performing high risk construction work without a safe work method statement (SWMS).

WorkSafe also alleges the company 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 charges relate to the death of a 66-year-old maintenance manager who fell through polycarbonate roof sheeting, which he was attempting to replace, in June 2022.

The matter is listed for a filing hearing at Melbourne Magistrates' Court on 28 February 2024.