The construction worker who fell down a ventilation shaft on a Perth construction site was not wearing a safety harness at the time of the accident.
In fact the worker had apparently just removed the harness a short time before the accident, the builder says.
The German backpacker had been working on the site for the last 6 months.
The CFMEU has spoken out since the accident, saying untrained backpackers should not be used to conduct dangerous construction work.
Since the incident, The Master Builders Association has also expressed concerns about safety.