Rooftop solar installation work includes retailing, surveying, designing, installing, testing, commissioning, repairing, maintaining, decommissioning or removing rooftop solar systems on residential or commercial structures.

There are serious work health and safety risks associated with rooftop solar installation work, including working at heights, falling objects, heat stress and working with electricity.

Safe Work Australia has developed a new guide to help persons conducting a business or undertaking (PCBUs) and workers manage the risks to health and safety associated with rooftop solar installation work – from retail and planning to installation and testing.

Download our guide today to find out more about managing the risks behind rooftop solar installation work.

Source: Kingston Reid

What PCBUs Need to Know

On 4 June 2024, the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 (WHS Bill) was introduced into the NSW Legislative Assembly to amend the Work Health and Safety Act 2011 (NSW) by creating an offence of industrial manslaughter. If passed, the WHS Bill will set some of the highest WHS penalties in Australia, with individuals found guilty of industrial manslaughter facing up to 25 years in prison, while corporations could be fined up to $20 million.

The proposed offence

NSW is one of the last mainland states to introduce a dedicated industrial manslaughter offence, aligning it with other states that have already enacted similar laws. Under the WHS Bill, the proposed offence will be committed where a person:

• has a health and safety duty; and
• is a persons or an Officer of a person, conducting a business or undertaking (PCBU); and
• engages in certain conduct, by an act or omission, that caused the death of a worker or another individual, to whom the person’s health and safety duty is owed; and
• engages in conduct with gross negligence.

As made clear in the second reading of the WHS Bill, the proposed offence will cover those individuals whose behaviour or decisions have the power to influence the activities and culture of a workplace (i.e. officers of a PCBU).

Interestingly, the WHS Bill attempts to provide guidance on when a body corporate may be considered grossly negligent. According to the WHS Bill, a PCBU may be grossly negligent if there are inadequate corporate management, control or supervision of the conduct (act or omission) of one or more authorised persons (defined in the existing WHS Act as an officer, employee or agent acting within their actual or apparent authority), or a failure to provide adequate systems for conveying relevant information to relevant persons within the body corporate. This formulation is unhelpful and creates more questions than answers. For example, conduct may be readily established where multiple rogue individuals do not adhere to systems implemented or promoted by the business, exposing the PCBU and other officers. The Bill does not define what constitutes inadequate corporate management, control and supervision. Additionally, there is no clear standard for what makes a system for conveying information inadequate or who the ‘relevant persons’ are within the body corporate.

Other notable sections of the WHS Bill

No time limitation period for prosecutions: There is no limitation period for prosecuting industrial manslaughter offences. This means that legal proceedings can be initiated at any time following the offence.

Alternative verdicts: If a prosecution for industrial manslaughter is initiated and the court finds the individual or PCBU not guilty of industrial manslaughter, the court may still convict for a Category 1 offence, even if the time limitation period for a Category 1 offence has lapsed. This alternative charge is consistent with industrial manslaughter provisions across Australia. However, unlike other industrial manslaughter laws, NSW’s proposed provisions lack the requirement to afford the defendant procedural fairness concerning the alternative Category 1 offence.

Exemption for volunteers: The industrial manslaughter offence is not intended to apply to volunteers.

Enforceable undertakings: Enforceable undertakings cannot be accepted by the regulator for contravention of an alleged industrial manslaughter offence. This is consistent with the current approach taken to a Category 1 offences.

Establishment of special unit: In addition to the WHS Bill, the NSW Government proposes to establish a special unit within the Office of the Director of Public Prosecutions that will be responsible for prosecuting industrial manslaughter cases.

Increased penalties 

Under the new bill, individuals found guilty of industrial manslaughter could face up to 25 years in prison, while corporations could be fined up to $20 million. These penalties are significantly higher than the current maximums under the WHS Act, which are $399,479.85 and/or five years’ imprisonment for individuals, and $3,992,492.70 for PCBUs. The highest court-imposed WHS fine to date stands at $2,025,000. The new industrial manslaughter laws represent a dramatic increase in the maximum penalties.[1]

Below is a comparison of industrial manslaughter penalties across the Australian jurisdictions:[2]

Jurisdiction	Industrial manslaughter law	Maximum penalties
Commonwealth	In force from 1 July 2024	Individual: 25 years’ imprisonment Body corporate: $18,000,000
ACT	Law in force	Individual: 20 years’ imprisonment Body corporate: $16,500,000
SA	In force from 1 July 2024	Individual: 20 years imprisonment Body corporate: $18,000,000
QLD	Law in force	Individual: 20 years’ imprisonment Body corporate: $15,480,000
WA	Law in force	Individual: 20 years imprisonment and a fine of $5,000,000 Body corporate: $10,000,000
VIC	Law in force	Individual: 25 years’ imprisonment Body corporate: $19,231,000
TAS	No law in force	N/A
NT	Law in force	Individual: imprisonment for life Body corporate: $11,440,000

Implications for Employers

While the new industrial manslaughter laws does not change the obligations of individuals and PCBUs duties under the WHS Act, the significant penalties that will apply following conduct that causes the death of a worker heightens the importance of taking a proactive approach to meeting those duties.

The duties under the current WHS Act already require individuals and PCBUs to ensure the health and safety of workers and others affected by their operations, as far as is reasonably practicable. These duties remain unchanged with the introduction of the industrial manslaughter laws. These laws only introduce more severe penalties for breaches that result in fatalities, but also create uncertainty in relation to what exact conduct will constitute gross negligence by way of inadequate corporate management, control or supervision of the conduct or authorised person(s)  or the failure to provide adequate systems for conveying relevant information to relevant persons. The WHS Bill is yet to be debated in Parliament, and changes may occur during this process. Kingston Reid will provide updates as the changes develop.

To keep up with the latest developments across employment, workplace relations and workplace health and safety law, sign up to our e-newsletter, Kingston Reidable by emailing businessdevelopment@kingstonreid.com.

The views expressed in this article are general in nature only and do not constitute legal advice.

Please do not hesitate to contact us if you require specific advice tailored to the needs of your organisation in relation to the implications of these changes for your organisation.

[1] As at June 2024. Penalties will increase in July 2024.

[2] As at June 2024.

Standards Australia release a curated Subscription Service for Small Businesses: What you need to know about the Work at Height Set. 

Nearing on three years ago, WAHA members enquired about the possibility of receiving discounted access to Standards through their involvement with the SF015 Committee. Whilst exploring this opportunity, the Standards Australia store was going through a complete overhaul, in preparation for launching subscription access to Standards. 

As part of Standards Australia’s shop development, the idea of a small curated suite of Standards was raised: making a bundle available to subscribers, instead of purchasing outright, users would be able to gain access to more, for less over time, and receive access to any updated standards that are part of the set, at no extra cost. 

After a few months of working together, Standards Australia and the Working at Height Association came refine a list of Standards and we are pleased to announce that there is a “Work at Height” set available, curated for small businesses. 

Working at heights refers to any job where individuals may face the risk of falling from one level to another. The standards in this set have been developed to provide guidelines and best practices for preventing falls and protecting workers across various industries including construction, civil engineering, confined spaces, residential and more.

This set is suitable for a wide range of professionals who work in environments where there is a risk of falling from one level to another. This includes site safety supervisors, rope access workers, height safety specialists, facilities management personnel, fall prevention system installers or re-certifiers, inspectors of height safety systems, engineers, architects, and designers.

It could also be relevant for manufacturers of fall prevention equipment and personal protective equipment.

The standards in this set help to ensure safety and compliance in preventing falls and injuries, with the aim of reducing the risk of significant harm to workers.

The Work at Height Set also offers subscribers:

• Access to the most-used standards in the industry
• Digital standards access across multiple devices
• A 2-user licence within their organisation
• The peace of mind that comes with automatic updates to all standards within the set
• Annual subscription terms at an affordable price

HOW DOES THIS SET HELP THE USER DO THEIR JOB?

The standards in this set provide clear guidelines and best practices for working at heights, helping to reduce the risk of falls and injuries. Typical tasks these standards can help provide guidance on include climbing a ladder, accessing or exiting a work area, working near an excavation or void, working on a roof or exposed surface, working near an edge, work in fall-arrest or work positioning, and more.

As well as helping ensure safety and compliance, access to these standards:

• Provides in-depth industry knowledge to improve efficiency
• Affirms a business as a reputable operator
• Supports consistency across projects

WHAT’S INCLUDED IN THIS SET?

The standards in this set are referenced in the WHS Act as well as several state and territory regulations, making them a crucial resource for employers and workers to fulfil legal obligations and maintain a safe work environment.

This set includes:

• AS/NZS 1891.4:2009, Industrial fall-arrest systems and devices, Part 4: Selection, use and maintenance
• AS/NZS ISO 22846.2:2020, Personal equipment for protection against falls — Rope access systems, Part 2: Code of practice
• AS 1892.5:2020, Portable ladders, Part 5: Selection, safe use and care
• AS 1657:2018, Fixed platforms, walkways, stairways and ladders — Design, construction and installation
• AS/NZS ISO 22846.1:2020, Personal equipment for protection against falls — Rope access systems, Part 1: Fundamental principles for a system of work
• AS 2865-2009, Confined spaces

Subscribe to the Work at Height Set from the Standards Australia Store today.

Source: SafeWork Australia

Each year, Safe Work Australia produces national work health and safety statistics, providing important evidence on the state of work health and safety in Australia.

There are still too many serious injuries, fatalities and illnesses arising from work. The findings from the latest Key Work Health and Safety Statistics 2023 show that:

• Body stressing, Falls, slips and trips, and Being hit by moving objects are the cause of most work related injuries in Australia,
• Vehicle incidents and Being hit by moving objects continue to account for most fatalities, and
• Work related mental health conditions are rising, with time off work in these cases more than four times longer than for other injuries. 

Falls from height continue to be a major cause of serious accidents in the workplace. Notwithstanding the overall improvement of health and safety at work over recent years, falls from height still occur. Indeed, falls from height were one of the principal cause of fatalities in the 2022 period, comprising 9% of all fatalities according to Safe Work Australia figures. Where such incidents happen, employers and controllers of the premises are likely to face investigations by the state and territory regulatory bodies. The outcome can be prosecutions with resultant significant fines and/or prison sentences. Incidents are also more likely than not to lead to personal injury claims which in view of the circumstances and nature of the injuries sustained can often be substantial in value. 

The 2023 Work-Related injury fatalities / Key Work Health and Safety Statistics publication shows that risks rising from work at height remains a major source of incidents and that those involved in such works still need to do more to minimise the dangers. 

Falls, trips and slips of a person make up 22% of all serious compensation claims throughout 2022. SafeWork Australia Key Work Health and Safety Statistics 2023

The Construction Sector remains one of the leading industries work workplace fatalities and incidents / workers’ compensation claims. The outcomes of falls in the workplace are more likely to be life-threatening when compared to many other incident types. 

Other common mechanisms of injury, such as manual handling, overexertion, and vehicle or machine accidents are more likely to cause injury to a particular body part. The injuries sustained from a fall from height can easily have wider spread complications which can affect the whole body, cause significant damage to vital organs, and if not directly resulting in death, have life-altering long term consequences.

Another cause of injury and illness that is becoming a serious concern, is those relating to Mental Health. Mental health conditions accounted for 9.2% or 11,700 serious claims in 2021-22p. While this was a slight decline on 2020-21, it remains substantially higher than 10 years ago. How does it relate to us in the working at heights sector? Well, in the Construction sector alone, workers are 8x more likely to die by suicide than from an accident at work. The following unique stressors were identified in the “Mates in Construction” Blueprint Roundtable: competitive and male- dominated workplace culture; stigma and fear around the subjects of mental health and suicide; ignorance of the increased risk of suicide and mental health issues for workers; failure by management to accept or apportion responsibility; higher levels of substance and alcohol misuse; disparate workplaces, FIFO (Fly in, Fly out) and DIDO (Drive in, Drive out) work; working while exposed to the elements; and, inconsistent/intermittent work.

Over the 10 years to 2021-22p:

The proportion of claims for Mental health conditions has increased from 6.5% in 2011-12 to 9.2% in 2021-22p. This has been driven by growth in the number of serious claims each year for Mental health conditions of 3,500 claims, or a 43.3%, increase over the period.

This represents the largest growth in the number of claims each year for a Nature of injury/illness Major group observed over the period.

Workplace mental health conditions are one of the costliest forms of workplace injury. They lead to significantly more time off work and higher compensation paid when compared to physical injuries and diseases.

The median time lost from Mental health condition claims in 2020-21 (34.2 working weeks) was more than four times the median time lost across all claims (8.0).

The median compensation paid for Mental health condition claims in 2020-21 ($58,615) was close to four times the median compensation paid across all claims ($15,743).

PETZL have released a notice requesting the inspection of ASTRO and CANYON GUIDE harnesses.

Please click here for more information regarding the PETZL notice. 

Each year, Safe Work Australia produces national work health and safety statistics, providing important evidence on the state of work health and safety in Australia.

Key Work Health and Safety Statistics, Australia 2022 provides an overview of the latest national data on work-related fatalities and workers’ compensation claims. This includes trends, gender and age comparisons, and industry and occupation breakdowns.

Understanding the causes of injury and the industries most affected can help reduce work-related fatalities, injuries and disease. Work-related fatalities, injuries and illnesses have a devastating impact on workers, their families and the community.

Tragically, 169 workers died in 2021 – of which 19 were killed due to a fall form height, and 16 from being hit by falling objects.

For the last 5 years straight, falls from height remains one of the leading causes of workplace fatalities in Australia. 

2017-18
28 falls from height (15%)
15 being hit by falling objects (8%)

2018-19
18 falls from height (13%)
15 being hit by falling objects (10%)

2019-20
21 falls from height (11%)
21 being hit by falling objects (11%)

2020-21
22 falls from height (11%)
17 being hit by falling objects (9%)

2021-22
19 falls from height (11%)
16 being hit by falling objects (9%)

The Construction Sector remains one of the leading industries work workplace fatalities and incidents / workers’ compensation claims.

Whilst we can see a promising decrease in Australia’s overall rate of fatalities, from 2003 to 2021, there is worrying increase in the number of worker’s compensation claims. 

There were a total of 114,435 serious workers’ compensation claims in Australia in 2018-19.

There were a total of 120,355 serious workers’ compensation claims in Australia in 2019-20. Body stressing was the leading cause of serious workers’ compensation claims in 2019-20, accounting for 37% of all serious claims.

There were a total of 130,195 serious workers’ compensation claims in Australia in 2020-21. Body stressing was the leading cause of serious workers’ compensation claims in 2020-21, accounting for 37% of all serious claims.

Mental health conditions account for a relatively small but increasing proportion of serious claims, rising from 6% of all serious claims in 2014-15 to 9% in 2020-21. In 2020-21, the largest share related to anxiety or stress disorders (36%) or reaction to stressors – other, multiple or not specified (34%). Workplace mental health conditions are one of the costliest forms of workplace injury. SafeWork Australia data shows that they lead to significantly more time off work and higher compensation paid when compared to physical injuries and diseases.

It stands to reason that Mental Health is one of the current focus points for SafeWork Australia, including the release of the Code of Practice for Managing psychosocial hazards at work earlier this year.

Organisations like the WAHA continue to work towards a zero fatality future for those in the at height sectors. The WAHA is dedicated to supporting and influencing the ongoing development of safe practice, equipment innovation, systems and product design, continuous education of all stakeholders and the operational competency of all persons working at height and in confined spaces.