Van Berkel Distributors Pty Ltd loses appeal after death of maintenance manager Petrus Groen
A family run Monbulk nursery has appealed its sentence after a beloved maintenance worker fell through the roof and died.
Outer East
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A family run Monbulk nursery — where a beloved maintenance worker fell 3.3m through a roof and died — has unsuccessfully appealed its sentence.
In February, Van Berkel Distributors Pty Ltd was fined $65,000 without conviction after it pleaded guilty to a WorkSafe charge of failing to reduce the risk of a fall by using a fall arrest system.
The charge came after 66-year-old maintenance manager Petrus Groen fell 3.3m through a polycarbonate roof panel while changing the roofing on a shed in June 2022.
He suffered fatal head injuries and died days later in hospital.
The WorkSafe investigation into his death found Mr Groen did not have any qualifications in roofing and there was no safe work method statement prepared by Van Berkel Distributors for the task.
The court heard that it was “reasonably practicable” for the company to reduce the risk of a fall by using a fall arrest system, such as a safety harness.
The nursery appealed its sentence in the Melbourne County Court and lost, with the fine blowing out to $250,000 without conviction.
WorkSafe Health and Safety director Sam Jenkin said the appeal outcome sent a strong message to employers that fall prevention is non-negotiable.
“WorkSafe is extremely serious about preventing falls from height as we continue to see too many lives lost or forever changed in incidents that should never have happened,” Mr Jenkin said.
“We’re doing a significant amount of work in this space and will continue to fight for stronger penalties against employers who choose to put workers’ lives at risk, particularly when the safety solutions are well-known and readily available.”