Unsafe Tree Trimming on Ladder

A Victorian employer has been fined $150,000 after a worker fell from a ladder while using a chainsaw to cut a tree branch at a construction site. The worker suffered a spinal column dislocation and was rendered paraplegic.

WorkSafe Victoria’s summary says the incident occurred on 7 March 2024. The employer was sentenced on 2 November 2026, and the regulator published its summary on 5 November 2026. The employer pleaded guilty and was convicted.

What happened

The employer had engaged a labour hire provider to supply workers to the site. A tree branch needed to be cut to provide access for a concrete truck. The worker, who was not a qualified arborist or tree-removal specialist, used a chainsaw while standing high on a 3.7-metre A-frame ladder.

As the worker cut another section of the branch, it swung down and struck the ladder. The worker fell head first to the ground. The risks identified in the regulator’s summary included being struck by a branch and falling from height.

The summary says there had been no discussion about how the worker would access the branch or the safety issues involved. The supervisor did not prepare a Safe Work Method Statement (SWMS) for the task, and no temporary work platform, such as an elevated work platform, had been arranged.

What the court found

According to WorkSafe Victoria, the court found the employer had failed to reduce the risks through its systems of work. The identified failures included not engaging a qualified arborist or tree-removal specialist, and not providing an alternative such as a temporary work platform or a telescopic long chainsaw to address the fall risk. The task was identified as high-risk construction work, and the employer had not prepared a SWMS before it began.

The court described the offending as a serious example and a substantial departure from the statutory duty. It also noted that the offences were risk-based: the seriousness was assessed by the extent of the failure to meet the duty, not simply by the outcome. The victim impact statements reflected the severe effects on the worker and family.

The employer was fined $150,000 and ordered to pay $13,335 in costs. The regulator’s summary says that, under section 6AAA of the Sentencing Act 1991, the court stated that but for the guilty plea it would have imposed a fine of $220,000. That is the stated counterfactual sentence, not an additional penalty.

WorkSafe Victoria also reports that the court took account of mitigating factors, including the employer’s lack of prior convictions, cooperation with the regulator, safety improvements made after the incident, small-business status and delay.

Why this matters to managers

The task arose from a site-access need, but it involved cutting a substantial branch at height with a chainsaw. The findings highlight the importance of treating that change in work as a task requiring its own planning—not relying on a worker’s general experience or on the immediate project deadline.

For managers, the practical lesson is to decide who is competent to perform the work, how they will reach it, and how the branch and fall hazards will be controlled before work starts. If the task changes or an unexpected obstacle emerges, pause and review the plan rather than allowing an informal arrangement to become the work method.

What safety managers and supervisors should take note of

Source information