Arcon Architectural Construction Pty Ltd pleaded guilty and was sentenced in the South Australian Employment Court on 6 May 2026 after a SafeWork SA prosecution. The incident the subject of the prosecution occurred on 23 June 2023 when an employee of a company contracted by Arcon Architectural Construction to tile walls, floors and stairs at the work site fell.

The worker was seriously injured after leaning on a temporary guardrail on a partly installed external staircase, which then collapsed and resulted in a fall of approximately three metres onto a canopy frame above the ground floor. Fractures to sternum, ankle, vertebrae and several lacerations were sustained by the worker as a result of the fall.

Arcon Architectural Construction was charged with a category 2 offence under section 32 of the Work Health and Safety Act 2012 (SA) for failing to provide a safe system of work.

Live edge protection in the form of a temporary timber beam and orange plastic mesh had been installed at the top of the external staircase. The beam had been secured with two metal screws attaching it to a vertical metal column at one end and wedged against a precast concrete wall at the other end where it was held in place by friction alone. The temporary barrier simply failed to support the weight of the worker.

In his sentencing remarks, Deputy President Judge Calligeros said the failure to properly secure the timber beam was objectively serious and resulted in someone falling from a height and sustaining serious injuries.

‘The presence of the timber guardrail gave the impression of being secure and being able to be relied upon‘, he said. ‘It gave a false impression that it was reliable and able to be leant on safely. While the live edge protections was a short-term safety measure, it is not surprising that a timber guardrail screwed securely at one end but simply wedged into a concrete wall at the other end, came loose and fell when weight was applied to it.’

Arcon Architectural Construction pleaded guilty in the Tribunal. A conviction was recorded, and Arcon Architectural Construction was fined $130,000. This was reduced by 40 per cent to $78,000 for its early guilty plea and previous good safety record. Arcon Architectural Construction was also ordered to pay a contribution to SafeWork SA’s legal costs of $1,210, and a Victim of Crime Levy of $424.

This case demonstrates the importance not just of having a safe system of work in place on paper but genuinely taking steps to ensure that the safe system of work and the controls implemented effectively mitigate or remove the risks. If a guardrail is installed, workers must be able to rely on it to take a specified load. Anything less creates a false sense of security and places people at serious risk.

Duty holders must ensure fall prevention systems go beyond just looking to be effective, they must be properly designed, installed and maintained. Cutting corners on safety can have devastating consequences for the employees involved in the fall but can also result in prosecution of both employers and of officers and other duty holders. It is important, therefore, that employers, officers and others fully understand their duties and ensure compliance through an effective safe system of work.

This article was written by Chris Morey, Special Counsel, and reviewed by Clare Raimondo, Partner.