Solar installer fined after early guilty plea for putting workers at risk
A solar installer who inadvertently sent evidence to NT WorkSafe of work health and safety breaches despite already facing similar charges from the regulator has been convicted and fined yesterday in the Darwin Local Court after entering early guilty pleas.
Mpriza Group Pty Ltd and company manager Mr Nicholas Zikos were initially charged by NT WorkSafe for an incident in August 2023 where their workers worked on the roof of a commercial building without adequate fall protection. Amongst the workers was a 21-year-old apprentice.
The company and Mr Zikos were charged again after sending photos to NT WorkSafe which showed its workers working again without adequate fall protection in June 2024. One of the workers in the second incident was a 14-year-old labour hire worker.
Mpriza Group Pty Ltd pleaded guilty to three charges under Section 32 of the Work Health and Safety Act 2011 (the Act) for failing its primary duty of care by allowing its workers to work at heights without fall protection, exposing them to a risk of death or serious injury on the two occasions. The company was fined a total of $24,000 and required to pay a victims levy of $3,000.
Mr Zikos also plead guilty to three charges under Section 32 of the Act for failing his primary duty of care and exposing them to a risk of death or serious injury over the two incidents. Mr Zikos was fined a total sum of $6,000 and required to pay a victims levy of $450.
The remaining charges against the company and Mr Zikos were withdrawn.
The Northern Territory’s Work Health and Safety Regulator, Ms Peggy Cheong said the criminal convictions and fines were a warning to industry to stop taking safety shortcuts when working at heights.
“National data released in September showed a concerning 71% increase since 2022 in worker fatalities due to falls from heights.”
“Despite these concerning statistics and WorkSafe Inspectors efforts to ensure compliance, we are continuously receiving safety concerns regarding workers working at heights without fall protection.”
“Eighteen such reports have been made by concerned members of the public in the last six weeks,” Ms Cheong said.
“What is incredulous about this case was Mpriza Group had the required fall protection equipment at the worksites in both incidents, but decided not to use it.”
“I’m concerned what type of example this sets for younger workers, considering a 21-year-old apprentice was involved in one incident, and a 14-year-old worker in the other incident.”
“I agree with Judge Stephen Geary’s remarks during sentencing that this was serious offending which put workers at risk.”
“Recalcitrant Persons conducting a business or undertaking (PCBUs) who have previously been cautioned by a WorkSafe Inspector can expect infringement notices ($3640 for a business and $760 for an individual) instead of cautions next time they are caught.”
“If you’ve already been infringed for working at heights without fall protection, expect to be prosecuted,” Ms Cheong said.
Related documents
- Media release - Solar installers charged over ignoring fall from heights risk
- Media release - Solar installer charged for continuing to ignore fall from heights risk
- Incident information release - Territory workers continue to ignore falls from height risks