MULTIPLE WORKSAFE VISITS FAIL TO CHANGE EMPLOYER BEHAVIOUR

Another solar panel installation company has been fined for placing their workers at risk of a fall from heights. Electrical Masters Pty Ltd were subcontracted to install solar panels on a commercial property in Clyde North when a report received from a member of the public prompted WorkSafe to send an inspector to the site where they identified multiple working at heights safety failures.

Electrical Masters had five previous interactions with WorkSafe inspectors where fall from height risks were discussed.

On the September 2024 visit to the Clyde North site the attending WorkSafe inspector took photographs and noted that five people were working in an elevated work platform (EWP) or on the factory roof approximately 7m from ground level. The EWP had handrails only on the two longer sides, with one of the open sides facing the factory roof. None of the people in the EWP were wearing harnesses and the roof had no guard rails installed.

It was reasonable to expect that Electrical Masters provide a workplace that was safe and without risks to health, including by the provision of handrails on the back short side of the EWP, guard rails on the roof, and a fall restraint system such as a safety harness.

Upon his return to the site and subsequent discussion with the inspector, an Electrical Masters director assured the inspector that the work at heights was now complete and that all further work could be conducted below a height of 2m. The inspector accepted the director’s assertions as remediating the risk and issued no further notices in relation to the lack of fall protection on the edge of the roof or in the EWP.

Electrical Masters pleaded guilty and were sentenced to a fine of $30,000 with no conviction. The maximum penalty for a breach of s.21 of the OHS Act at the time of the incident was approximately $1.77 million.

In February 2025 the Sentencing Advisory Council released a report to the Victorian Government making 12 recommendations for reform regarding the sentencing of OHS offences in Victoria. This included significantly increasing maximum penalties for breaching OHS duties in line with community expectations. The Victorian Government is yet to provide a response to this report.

Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria

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