SOLAR COMPANY FINED $100,000 FOR REPEATED FALLS FROM HEIGHTS FAILURES

A solar installation company has been convicted and fined $100,000 after repeatedly exposing workers to potentially fatal falls while installing solar panels at multiple residential properties.

Aus Renewable Development Group Pty Ltd pleaded guilty to ten charges under the OHS Act and the OHS Regulation.  The charges resulted from three observational falls-from-height investigations covering work at four properties between February and September 2024. Importantly, the company had a prior criminal history for failing to provide fall protection during solar installations in 2023.

In February 2024, two workers were observed installing solar panels on a two-storey property in Patterson Lakes at heights ranging from 2.6 to 5.2 metres without fall protection.

In Warrnambool in May 2024, a worker accessed a roof using an unsecured ladder and worked at heights of between 2.7 and 3.2 metres without fall protection. There was also no safe work method statement (SWMS) in place.

Further breaches occurred in Point Cook in July 2024, where a worker was observed working on a second-storey roof approximately 5.6 metres above ground without guardrails or fall restraints. In September 2024, a worker installing solar panels at a Vermont property was working approximately seven metres above ground. Although wearing a harness, the worker was not connected to a rope or anchor point.

The company subsequently failed to provide SWMS and photographs relating to fall protection when requested by WorkSafe under s.100 of the OHS Act and also failed to comply with a s.9 notice to provide information when requested by a WorkSafe officer.

The Court imposed an aggregate $100,000 fine with conviction, comprising $60,000 for five charges relating to failures to ensure a workplace was safe, $30,000 for three charges concerning the provision or maintenance of a safe workplace, and $10,000 for the two information and document offences. The company was also ordered to pay $12,587 in costs.

The Court found that the company had a high duty of care and that the three instances of offending were subsequent and similar to its previous prosecution. The risk of falling was described as patently obvious, particularly given the company had already been put on notice by its 2023 offending. Where straightforward controls can prevent a worker falling several metres, repeated failure to implement them can result in significant criminal penalties—even where no injury or fatality occurs.

Fall protection cannot be treated as an optional extra in residential solar work. Where workers are exposed to significant fall risks, employers must ensure appropriate controls are in place before work begins.

WorkSafe are currently targeting falls risks in the solar installation industry and have developed a tool that integrates Solar Victoria installer notifications, enabling inspectors to identify activity in their area, target high-risk sites and consider an operator’s history – including those that haven’t been inspected before and those with a record of non-compliance.

WorkSafe Chief health and Safety Officer Sam Jenkin said strong enforcement action was required to deter employers from ignoring their obligations to keep workers safe.

"It is clear that this employer repeatedly ignored their health and safety obligations regarding working at height and put their workers lives' at risk, despite multiple warnings," Mr Jenkin said.

"This behaviour is completely unacceptable, and this significant penalty sends a clear message that WorkSafe will not tolerate duty holders who fail to control the risk of falls – whether an incident happens or not."

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: Solar company fined $100,000 for repeated falls from heights offences | WorkSafe Victoria

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