On 18 June 2026, a solar installation company was sentenced in the Beenleigh Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011. The defendant pleaded guilty to failing to comply with its primary health and safety duty, thereby exposing workers to the risk of death or serious injury.

The defendant was sentenced on the basis that it failed to ensure:

• the use of a fall prevention system, namely edge protection in the nature of temporary perimeter guard railing; or, if that was not reasonably practicable;
• the use of a work positioning system with multiple anchor points that ensured safe access to all areas of work; and
• that the workers held working safely at heights accreditation.

The failures exposed two workers to a risk of death or serious injury. The risk was realised on 3 April 2024 when two workers, engaged to install solar panels, fell over 6 metres from the roof of a residential property, suffering serious injuries. 

The matter proceeded to sentence on 11 June 2026. Magistrate O’Driscoll reserved his decision until 18 June 2026.

In sentencing the defendant, Magistrate O’Driscoll had regard to the facts of the offending, the submissions of the parties, and the principles in Nicholson v GCMR Project Services Pty Ltd [2025] QCA 242. 

In mitigation, his Honour had regard to the defendant’s lack of criminal history, its early plea of guilty, the fact that it had made voluntary payments of compensation to the injured workers, provided letters of apology, improved its safety systems post-incident, and the fact that it was a modest family business.

Magistrate O’Driscoll convicted and fined the defendant $105,000 and exercised his discretion not to record a conviction.

OWHSP contact: enquiries@owhsp.qld.gov.au