NSW Director Fined $101k After Worker’s Three-Metre Roof Fall

A sole director of a solar installation company has been fined $101,250 in the District Court of New South Wales following a serious fall from height incident involving one of his workers.

On 1 June 2022, a worker employed by Always Energy Pty Ltd fell approximately three metres from the roof of a single-storey house under construction while installing solar panels. The worker sustained serious injuries as a result of the incident.

Company director and secretary, Mr Matthew McCourt, pleaded guilty to a charge under section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with his duty as an officer under section 27(1). As an officer, he was required to exercise due diligence to ensure the company met its work health and safety obligations, including managing fall risks.

The conviction and substantial fine reinforce the legal expectation that officers actively verify that appropriate WHS management systems, Safe Work Method Statements (SWMS), and controls for work at heights are in place and being followed in practice. Well-documented and implemented WHS frameworks, such as those available through specialised providers, can significantly reduce the likelihood of serious incidents and regulatory action.

The court’s full judgment has been published on the NSW Caselaw website. Mr McCourt retains the right to appeal the sentence.

SafeWork NSW has reminded businesses that falls from heights remain one of the leading causes of traumatic injury and death in workplaces across the state. The regulator continues to emphasise the need for rigorous planning, risk assessment, and effective fall prevention measures whenever work at height is undertaken.

Workers with concerns about health and safety can report issues anonymously to SafeWork NSW by calling 13 10 50 or via the Speak Up Save Lives online service. Business owners and workers can also access extensive guidance on managing height-related risks on the SafeWork NSW website, including information to support the development of effective WHS policies, procedures, and SWMS for high-risk construction work.

For organisations seeking to strengthen their safety governance, structured WHS management systems are available online to assist in meeting legislative duties and improving practical safety outcomes. For example, businesses can obtain comprehensive WHS management systems at https://www.bluesafeonline.com.au/store/management-systems, and task-specific SWMS templates for high-risk activities such as work at heights at https://www.bluesafeonline.com.au/store/swms.