Paul Keneally fined $330,000 after Peter Heads died from fall in Maidstone

The former owner of a shop fitting company has been fined more than $300,000 after the death of a worker who fell from a ladder on a Maidstone building site.

A man working on a construction site two years ago tragically fell to his death due to health and safety breaches. Photo: File.

The former owner of a shop fitting company has been fined more than $300,000 after the death of a worker who fell from a ladder.

Peter Heads, 53, fell more than 3m from an unsecured ladder when he was working for Entire Shopfitting Ltd on a construction site in Maidstone on May 19, 2017.

Paul Keneally, from Sorrento, was the director and sole proprietor of Entire Shopfitting and was fined $330,000 in the County Court on Friday morning for occupational health and safety breaches that led to the death.

MORE WESTERN NEWS:

THE SIMPLE WAY YOU CAN HELP RESTORE STONY CREEK

WOMAN WHO TRIED TO SNATCH BABY FROM CAR PLEADS GUILTY

DRUG BUST: FOOTSCRAY POLICE CULL CRIME

Mr Heads was working on the mezzanine level of the Maidstone site when the accident occurred. There was no perimeter or guardrail erected.

Mr Heads placed a stepladder near the edge of the mezzanine but a leg of the ladder went through the cut out and tipped over.

Mr Heads fell over the unguarded edge of the mezzanine and onto the concrete floor 3.4m below.

He suffered serious head injuries and later died in hospital.

During sentencing at the County Court on Friday, Judge Lisa Hannan said Mr Keneally was aware of the hazard but “took no steps to ameliorate risks”.

When handing down her sentence, Judge Hannah took into account that Mr Keneally pleaded guilty at the earliest convenience in December last year.

She also took into account his good character.

Mr Keneally sold his family home to pay debts and worker entitlements after closing the business following the death of his long-term colleague Mr Heads.

He also made sure to secure work for his 20 former employees.

Judge Hannan said Mr Keneally lost his enthusiasm for the business after the death of Mr Heads and “could see no way forward”.

“You took the honourable, and unfortunately rarely seen, path of selling your family home to pay long service leave, holiday and redundancy pay, workers compensation, and superannuation that cost $1.1 million,” Judge Hannan said.

“Your conduct shows your good character and shows you are a reasonable employer that does not put profit before people.”

The victim’s family attended court and were in tears when the sentence was handed down.

Judge Hannan said she hoped the sentencing would allow the family to find closure.

Mr Keneally and the company was ordered to pay the $330,000 within three months.

[e-mail]