An anonymous call to the WorkSafe Advisory line in May 2024 has resulted in solar installation company GK Solar and Electricals Pty Ltd receiving a $10,000 fine for exposing employees to the risks of falling from height. The caller reported that workers were operating on a single storey roof at Mount Duneed with no handrails, no edge protection and no attached harness. GK Solar is a small solar installation company who has been down this path before.
Back in November 2022 a member of the public reported to WorkSafe their observation of unsafe solar installation practices on the roof of a two-storey dwelling in Mambourin.
Following the November 2022 report WorkSafe attended the workplace and found the GK Solar director on site, with two workers undertaking solar installation work on the pitched roof at a height of more than 5.5 metres. The two workers were first and second year electrical apprentices employed by a different, unrelated company and engaged by GK Solar in a one-off informal, verbal arrangement.
There was no perimeter guard railing installed on the roof and neither of the two workers were wearing an anchored safety harness. Some guard railing was onsite and available, strapped to the top of the director’s work van. One worker was wearing a harness, but it was not tethered to an anchor point.
The GK Solar director produced a single page of a work procedure which was brief, inadequate and not complied with. For the failure to provide a safe system of work the Sunshine Magistrates’ Court fined GK Solar $15,000 with no conviction recorded.
After the May 2024 anonymous report WorkSafe inspectors attended the workplace and found the GK Solar director on site. They observed two workers undertaking solar installation work on the pitched roof at a height of more than 2 metres.
There was no perimeter guard railing installed on the roof and neither of the two workers were wearing an anchored safety harness. Some guard railing was onsite and available, strapped to the top of the director’s work van. A harness was on the roof but was not being work. A second harness and two sets of climbing rope were in a bag on the ground.
The GK Solar director produced a double-sided single page of a work procedure which was brief, inadequate and not complied with. The GK Solar director was very aware of the risks associated with falls from heights given the $15,000 fine imposed for the November 2022 breach.
The controls to reduce the risk posed by working at heights are well known within the solar and construction industries. For example –
- Implementing a passive fall prevention device, such as perimeter guard railing, to the first storey roof prior to work commencing
- Implementing a fall restraint system, such as by ensuring workers wear anchored harnesses whilst working on the first storey roof
- Undertaking the task in accordance with the safe work procedure
As well as the site visit in November 2022 which resulted in their first fine, another GK Solar worksite had been visited by WorkSafe in August 2021. At that time workers were also observed undertaking work at heights without fall protection. No action was taken by WorkSafe on that occasion.
In hearing the case of the May 2024 safety breaches, the Geelong Magistrates’ Court noted that GK Solar had no prior convictions, but the previous attendances by WorkSafe were clearly relevant to them being on notice of the risks and control measures associated with working at heights. Nonetheless, the Court was required to treat GK Solar as having no prior history. A fine of $10,000 was imposed on GK Solar - again with no conviction recorded.
Once again, we are disappointed to see an insignificant fine imposed on an employer who clearly has little or no respect for the safety of their employees. Solar panel installation companies are cashing in on government solar installation subsidy schemes and we are seeing a pattern of companies seemingly so intent on finishing each job as quickly as possible that they do not even afford their employees the time to implement fall prevention safety controls that are already on site and available - see previous article and another and another.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria
