Over the course of seven visits between June 2021 and April 2024 WorkSafe Inspectors visited seven Red Flag Electrical Services Pty Ltd sites. On each occasion Inspectors observed working at heights breaches – for example, not wearing harnesses and no fall protection systems in place – as well as Safe Work Method Statement (SWMS) breaches. No notices were issued by WorkSafe.
Red Flag were performing solar panel installations at a residential property in Malvern East when they were visited again by a WorkSafe Inspector in late April 2024 as part of WorkSafe’s program to conduct solar installation site visits.
The Inspector found five employees on site – Red Flag’s director and four apprentices. One apprentice was observed standing on the roof with no fall protection in place. A SWMS requiring the implementation of fall protection controls was not being followed.
Whilst the inspection was underway, Red Flag’s director inducted the employees onto the SWMS and installed a guardrail system.
Solar panel installation has boomed with government subsidy schemes, leading to the proliferation of small installation businesses – in Victoria alone there are almost 800 registered businesses installing solar panels. Some of these businesses operate on a small margin and seek to cut costs wherever they can – employing apprentices at award apprentice rates and minimising safety expenses are common strategies to maximise profit.
The risks associated with falling from heights, and the controls available to eliminate or reduce that risk, are very well known in the industry. Falls from heights can result in serious injuries or even death.
The fact that Red Flag had controls for the risks of falling from heights on-site and available makes it very difficult to understand the director’s decision to instruct employees, especially apprentices, to work at heights without implementing those controls to ensure employee safety. The company had been previously warned by WorkSafe about the requirements for safely working at heights on six separate occasions and were well aware of their responsibilities.
Red Flag was charged with breaching s.21(1) of the OHS Act and r.44(2) of the OHS Regulations. At the time of the observed breach of s.21(1) of the OHS Act – failure to provide or maintain a working environment that is safe and without risks to health – the maximum applicable penalty was $1.73M.
Although the Court noted that there is a need for sentencing to serve as a general deterrence (due to the size of the industry and the high risk of injury when employees are not protected from falls), the Court imposed on Red Flag a fine of only $10,000, with no conviction recorded.
Read more: worksafe.vic.gov.au/prosecution-result-summaries-enforceable-undertakings