Prosecution Details

Was the director of a body corporate when that body corporate was guilty of an offence under the Occupational Safety and Health Act 1984 that occurred with the consent or connivance of, or was attributable to any neglect on the part of, the accused. 

National Refrigration Solutions Pty Ltd (NRS) provides refrigeration, air conditioning and mechanical building services, specialising in service, installation and construction in the Perth metropolitan area. On 16 December 2021, Mr Kurt Graham was a director of NRS.

NRS were engaged by a company to supply and install a new outdoor air conditioning system on the roof of a two-storey office building (Site).  This involved working on the roof of the Site.  

The roof area was covered with steel roof sheeting and had several outdoor air conditioning units positioned across the roof structure. There were two skylights located on the roof positioned near the ridgeline and amongst a group of centrally located air conditioning units. One of the skylights was unguarded and situated approximately 900mm from where the new air conditioning unit was to be installed.  This skylight was above an internal stair void. The distance from the skylight to the ground floor was 7.886 metres.

On 16 December 2021, two apprentices (Apprentice 1 and Apprentice 2) employed by NRS were working on the roof installing the new air conditioning unit. They were assisting a contractor engaged by NRS to remove the existing air conditioning system and install the new one. The contractor advised the apprentices to avoid the skylights on the roof.

Mr Graham attended the Site prior to 16 December 2021 to identify where cranes were required to lift the new air-conditioning system and identified the skylights. A safe work method was prepared by NRS for the Site which deemed the roof of the Site to be flat and safe. The contractor added to the safe work method that workers should be "advised on location of skylights, told to stay away" prior to the work commencing on 16 December 2021.

On 16 December 2021 Apprentice 1 observed Apprentice 2 having difficulty securing one side of the new air conditioning unit to the existing feet on the roof with tek screws. Apprentice 1 sought to assist Apprentice 2, although he was not specifically instructed to assist Apprentice 2. Apprentice 1 stepped behind Apprentice 2 onto the unguarded Skylight. This caused the Perspex on the unguarded skylight to crack and Apprentice 1 to fall through the first floor's ceiling space. Apprentice 1’s left thigh struck the first-floor balustrade, deflecting him onto the first floor's concrete landing causing a large haematoma to his left thigh which later required surgery, and bruising on his head and right knee.  The distance Apprentice 1 fell was approximately 4.1 metres.

NRS' knowledge of the hazard

The dangers of the risk of injury or harm to a person are well known throughout the roof working industry. NRS knew, or ought to have been aware, of the dangers of the unguarded skylight. The safe work method  statement used on 16 December 2021 contained controls to carry out work safely from a "fall from heights hazard", including:

a. ensure area is correctly barricaded;

b. wear safety harnesses, or ensure there is edge protection;

c. use correct signage; and

d. follow correct working at heights procedures.

Further, NRS' Safety Induction Manual contained a section on working at heights and mentioned to its inductees:

• to be particularly wary of skylights;
• that working at heights is a risk and it should be ensured an appropriate risk assessment is undertaken.

Also, the Safety Induction Manual required that:

• appropriate training, equipment and instructions are given for the job; and
• appropriate control measures and protections are in place.

Despite this, there was no adequate fall prevention systems or controls in place to prevent a fall at the Site on 16 December 2021.

Process for identifying unsafe roofs

NRS have implemented a process for identifying unsafe roofs. NRS:

a. contact a roof safety specialist, to assess and provide a quote for a fall prevention system for the unsafe roof, which is provided to the client for consideration; and

b. do not proceed with work until the roof area is made safe.

 Other changes NRS made after the incident

• paid “Working at Heights” training to all employees, including apprentices.
• internal "toolkbox talks" addressing safe roof access, barricading of skylights and reporting requirements for unsafe roof access;  bollard equipment purchased for this.
• a new Safe Work Method Statement titled "Work Involving the Risk of a Person Falling".
• a new “Unsafe Roof Access” process.
• updated Fragile Roof Work Instruction for working near skylights.
• engagement of a Health, Safety and Environment consultant.
• a new Safety Management System “HSEQ Management Plan”.
• revised online employee induction to include skylight hazard/risks.

Practicable measures

It was reasonably practicable for NRS to install a temporary measure to remove or mitigate the risk of a fall from an unguarded Skylights by:

a. engaging the services of a contractor to install a temporary guardrail around the Skylight; and/or

b. install a temporary guardrail around the Skylight by installing temporary guardrail posts into the roof purlins and inserting guard railing into the guard rail posts

CHARGE 2 - KURT DAVID GRAHAM – SECTION 55(1)

The offence by NRS occurred with the neglect of Mr Graham.  Mr Graham attended the Site prior to 16 December 2021 and despite seeing the skylights in close proximity to the location of the installation of the new airconditioning system, Mr Graham failed to consider that the unguarded skylight was a hazard; therefore, NRS did not put appropriate measures in place to remove or mitigate the hazard.

The offender plead guilty and was convicted and sentenced on 8 October 2025. The Magistrate issued a fine of $20,000 and ordered costs $5661.00 apportioned equally between both offenders. $2830.50 each

(The company NRS was fined $120,000)