Solar installers charged over ignoring fall from heights risk

NT WorkSafe has charged a Darwin business and its manager for failing to ensure its workers used fall protection while working on the roof of a commercial building.

NT WorkSafe will allege that over a four day period in August 2023, which included two visits from WorkSafe Inspectors responding to safety concerns from members of the public, not all the workers installing solar panels on the roof of a commercial building had tethered the harness they wore to manage the risks of a fall. Amongst the workers not using fall protection was the manager supervising the work and a first year apprentice.

Mpriza Group Pty Ltd, which provides solar, electrical and air-conditioning services, has been charged with the following three breaches of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act):

• Two reckless conduct charges under Section 31 of the Act for failing their primary duty of care under Section 19(a).
• One charge under Section 33 of the Act for failing to comply with their health and safety duty, also under Section 19(a).

Mr Nicholas Zikos, who was the manager supervising the works, has been charged as an officer under the Act with the following three breaches:

• Two reckless conduct charges under Section 31 of the Act for failing his primary duty of care under Section 19(a).
• One charge under Section 33 of the Act for failing to comply with his health and safety duty, also under Section 19(a).

If found guilty of all charges, Mpriza Group Pty Ltd faces a combined maximum penalty of $6.05 million, whilst Mr Zikos faces a combined maximum penalty of $1.25 million or 5 years prison or both.

Charges under Section 32 of the Act for failing to comply with health and safety duty have also been laid against both defendants as alternatives to the reckless conduct charges.

The matter is listed for mention at the Darwin Local Court on Monday 29 January 2024 at 9.30am.