AGS Electrical Contractors Pty Ltd has been fined $30,000 for placing employees at risk of serious injury or death.
AGS is an electrical contracting company that was engaged to install solar panels on the roof of an industrial building in Stawell. Solar panel installations are the primary service provided by the company.
In December 2023 WorkSafe inspectors attended the Stawell site and saw four workers standing on the roof. Despite wearing safety harnesses, none of the workers had their harnesses attached to an anchor point.
Two of the workers were standing on one edge of the roof which had no fall prevention devices installed along the perimeter edge. Those two workers were preparing to unload solar panels from a forklift being operated by the director of AGS.
Guard rails installed on the opposite side of the roof did not cover the area where the workers were working, and the installation was not in accordance with the manufacturer’s specifications. Half of that installation had missing guard rails, and the guard railing it had installed were not fastened into place using install clips. The height from the roof gutter line to the ground below was 5.1 metres.
The AGS director produced a Job Safety Analysis (JSA) that had been drawn on the back of a scrap sheet of paper and there was no Safe Work Method Statement (SWMS) for the high-risk construction work being undertaken.
The WorkSafe inspector issued AGS with a prohibition notice and re-visited the site four days later, at which point AGS had complied with the notice’s requirement to install guard railing as per the manufacturer’s instructions along the perimeter of the work zone, and prepare an adequate SWMS which identified the relevant risks and control measures for the work being performed.
During WorkSafe’s investigation it was found that AGS had been visited on three previous occasions during 2022 and 2023. On each occasion, AGS had failed to have a fall prevention device implemented on the perimeter edge where workers were working at heights, and on two occasions, AGS failed to have a SWMS for the works being undertaken at a height greater than two metres.
In convicting and sentencing AGS, the Court noted that the three prior interactions with WorkSafe over a period of 18 months should have put AGS on notice as to what is required and expected to ensure the safety of workers performing work over two metres above the ground.
The OHS Act expects employers to maintain a current state of knowledge about the hazards associated with their industry, and AGS did not appear to have taken their responsibilities seriously. Falls from heights are the most serious risk associated with the installation of solar panels. WorkSafe publishes guidance for employers on preventing falls in construction, including specific information from Solar Victoria to ensure that workers are protected when performing this high risk activity - Working safely at heights during solar installations | WorkSafe Victoria.
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