Director Faces Charges After Workplace Fatality: What Every Business Owner Must Know About Safety Liability
A tragic workplace fatality in Victoria has once again highlighted the personal accountability directors and business owners face under Australia’s workplace health and safety laws. When a company director was charged following a worker’s fatal fall, it reinforced that safety obligations cannot be delegated. This case demonstrates why due diligence, strong safety systems, and proactive leadership are essential to protecting your workers, your business, and yourself from legal and financial consequences.
What Happened
A 60-year-old electrician tragically lost his life after falling from scaffolding at a residential construction site in Greenvale, Victoria.
Investigations revealed that both the company and its director failed to properly manage and control the site’s safety risks. The director was personally charged for failing to take reasonable care as an officer, as required under WHS legislation.
Even more concerning, WorkSafe alleges that the very next day, the director allowed workers back onto the same unsafe scaffolding, breaching his duties again.
This case is a powerful reminder: safety failures don’t just put your workers at risk - they put you, as a leader, directly in the firing line.
Director Liability: What You Need to Know
If you manage or control a business, you carry non-delegable personal duties under workplace health and safety laws. It’s not enough to assume your site supervisor, contractor, or safety officer has it covered.
Under WHS legislation across Australia, company directors and officers must:
Exercise due diligence to ensure the business complies with all safety obligations.
Take reasonable steps to identify, eliminate, or reduce workplace risks.
Act promptly when hazards or unsafe practices are discovered.
Failure to meet these duties can result in:
Criminal charges against both the business and the individual director.
Massive financial penalties, often exceeding hundreds of thousands of dollars.
Potential imprisonment for the most serious offences.
Long-term reputational damage that can cripple your business.
Key Lessons for Business Owners and Leaders
The Greenvale case highlights several critical lessons for all business owners, directors, and managers:
You can’t delegate responsibility. Even with contractors or supervisors in place, ultimate accountability for safety remains with you.
Your response after an incident matters. Failing to act after a safety breach or fatality can lead to additional charges.
You must have proactive systems in place. Regulators expect documented safety systems, risk assessments, and staff training — not “common sense” approaches.
How Anzen Safety and Training Can Help
At Anzen Safety and Training, we help directors, managers, and business owners protect themselves, their teams, and their businesses through practical, legally compliant safety systems.
Our services include:
Due Diligence Training - Understand your personal WHS obligations as a director or officer.
Compliance Audits - Identify and fix safety gaps before regulators find them.
Safety Management Systems & Risk Assessments - Develop robust, practical controls tailored to your operations.
Leadership Coaching & Engagement Programs - Build a strong, accountable safety culture.
Targeted WHS Training - Ensure your team works safely and consistently across every task.
Don’t Wait Until It’s Too Late
The Greenvale prosecution isn’t an isolated event, WorkSafe and regulators across Australia are increasingly holding company directors personally accountable for workplace safety breaches.
Protect your people, your business, and yourself.
Book your free 30-minute safety consult today to review your current systems and obligations.
Call us: 1300 269 361
Email us: info@anzen.com.au
