A social enterprise employing people with disability has been fined $190,000 — and subjected to an adverse publicity order — after a worker with mobility and vision impairments fell down a flight of stairs and later died.

Ability Works Australia Pty Ltd, a not-for-profit organisation that has provided employment to people with disability and disadvantage for over 60 years, was convicted following the fatal incident.

A near miss that was not acted on in time

WorkSafe Victoria’s investigation revealed a critical prior warning. In August 2022, the same worker was observed at the top of the staircase with her walker hanging off the edge of the first step — a near-miss that should have prompted immediate corrective action.

Following that near miss, Ability Works introduced a stair supervision roster. The stairs were eventually removed entirely — but not before the fatal incident occurred.

WorkSafe Chief Health and Safety Officer Sam Jenkin said the outcome was a reminder that all workers deserve to be protected, regardless of their abilities.

“All workers, including those with vision and mobility impairments and other vulnerabilities, deserve to work in a place where their health and safety is and always will be a priority.”

Adverse publicity order

In addition to the $190,000 fine, the court issued an adverse publicity order, requiring Ability Works to publish the outcome of the prosecution. This penalty — increasingly used by WorkSafe Victoria — extends the consequences of enforcement beyond the courtroom and into the public domain.

Key lessons for employers

Employers of workers with disability must conduct risk assessments that specifically account for each worker’s individual needs and vulnerabilities. The Ability Works case illustrates a critical principle: a near miss is not a minor event — it is a direct warning that the current controls are insufficient.

The organisation had operated for 60 years without coming before the courts. A failure to act decisively on a near miss cost a worker her life, and resulted in a significant fine and a public order against an organisation with a long history of community service.