Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Seyedmohsen Nejadmousavi, while the workers were at work in the business or undertaking, namely while carrying out painting work on the roof at Glenbrae Primary School, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury from a fall from height.

It was reasonably practicable for Shakthi Construction Limited to have ensured appropriate controls, for example a covering over the clear light and edge protection across the roof, were in place to manage the risk of a fall through or from the roof.