Fatal fall: What the Rodney Mason case teaches us about work safety
On 11 October 2025, SafeWork NSW accepted an enforceable undertaking (EU) proposed by Rodney Craig Mason in connection with a fatal workplace incident that occurred on 14 July 2022.
What happened?
On 14 July 2022, a worker was fatally injured after falling from a temporary scaffold on a residential construction site. The alleged breaches by Mr Mason were of section 19(1) and section 32 of the Work Health and Safety Act 2011 (NSW).
- Section 19(1): duty to ensure health and safety of workers
- Section 32: failure to comply with health and safety duty resulting in death (or serious injury)
What did the undertaking require?
Under the Enforceable Undertaking , Mr Mason committed to safety-improvement measures at a total estimated cost of around $94,500. The key components include:
Implementing an electronic contractor management system – designed to improve oversight of subcontractors, scaffolding and associated risk-management.
Developing and publishing a de-identified animation depicting the incident and associated safe systems of work. The animation will be used as an industry-educational tool.
Funding a work health and safety training program for the industry and community, with a focus on:
- Working at heights
- First aid
- Certificate IV in Work Health and Safety
Why SafeWork NSW accepted the EU
SafeWork NSW accepted the undertaking for the following principal reasons:
The alleged breach did not appear to be a Category 1 reckless conduct or industrial manslaughter offence, meaning an EU was eligible. Mr Mason’s response to the incident, and the nature of the contravention, were assessed as appropriate for consideration of an undertaking. The strategies proposed were assessed as likely to deliver long-term sustainable safety improvements in the workplace, industry and community. The EU aligned with SafeWork NSW’s guidelines for proposing a WHS undertaking.
What does this mean for your business?
If your business or you as an individual are facing potential regulatory action under the WHS Act, here’s what you need to know:
Enforceable undertakings are an alternative to prosecution
Under the WHS Act, SafeWork NSW may accept an EU instead of pursuing court proceedings, except for the most serious Category 1 offences (such as reckless conduct causing death). The Mason case demonstrates that where the circumstances fall short of Category 1, an EU can be accepted as a publicly-visible alternative to prosecution.
An EU must deliver broader benefits
Your proposed undertaking must provide benefits not only to your own operations, but also to the wider industry and community. SafeWork NSW emphasises that the proposed activities must have measurable, enduring WHS benefits. In the Mason case, the training program and animation tool were designed to reach the broader industry and community.
The cost and commitment are significant
The cost of the Mason undertaking (approximately $94,500) shows that an EU is not a “soft option”. You will commit to multiple programs and must follow through. An EU means significant time, resources and reputation commitment on your part.
SafeWork NSW has discretion
Even when you propose an EU, SafeWork NSW has discretion whether to accept it. Your compliance history, your response to the incident, and your capacity to deliver the undertaking are all relevant factors. If you fail to comply with the terms of an accepted EU, SafeWork NSW may apply to a court for orders under section 220 of the WHS Act, including financial penalties.
Relevance for height-work and construction
Given the underlying incident involved a fall from a temporary scaffold, the Mason EU is particularly relevant if you operate in construction, scaffolding or height-work sectors. Risk-management of working at heights remains a focus area for SafeWork NSW.
What should you do?
If you are facing potential regulatory action under the WHS Act, consider the following steps:
Determine if an EU is available to you. If the incident may amount to a Category 1 offence (reckless conduct causing death or serious injury), an EU will not be available and you should seek legal advice immediately.
If an EU may be feasible, consider early engagement with SafeWork NSW. You may wish to prepare a robust EU proposal that addresses:
- The root cause of the incident and what you’ve learned
- Industry-wide benefit (not just for your business)
- Measurable, credible safety improvement initiatives
- An auditable cost/commitment and timeline
Document your response to the incident. This includes internal investigation, interim controls, and support provided to injured persons. Demonstrating prompt, responsible action influences SafeWork NSW’s assessment of whether an EU is appropriate.
If your EU is accepted, implement a governance process to monitor milestones, ensure reporting and engage external verification where required. Non-compliance can trigger court enforcement and penalties.
Seek professional advice. The Mason case and other recent EUs can serve as benchmark examples, but each situation is unique. Legal and WHS compliance advice can help you navigate the process effectively.
The Rodney Mason matter provides a clear, recent example of an enforceable undertaking accepted by SafeWork NSW in relation to a fatal scaffold fall incident. It demonstrates that while prosecution remains the default option, an EU may be a viable alternative when structured appropriately and when the obligations deliver genuine, lasting safety improvements for your workplace, your industry and the community.
Is an Enforceable Undertaking right for your business? Navigating the EU proposal process requires careful strategy and robust documentation. For tailored advice on whether an EU is available and how to structure a compelling proposal, call Fourtree Lawyers.