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Perspective

Workplace Law: Solar Farms

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WorkSafe NSW has secured over $711,770 expenditure from Energy Solutions Pty Ltd through an enforceable undertaking (EU) as a result of a worker sustaining electric shock and serious burn injuries when the drill rig he was operating struck overhead high-voltage powerlines.

Regulators of the electrical industry and the Courts accordingly are severely punishing employers who fall short of their responsibilities to install measures at their worksites to prevent contact with overhead powerlines. This article outlines measures that companies can adopt to avoid catastrophic incidents, prosecution and hefty fines.

Energy Solutions escaped prosecution for breaching sections 19(1) and 32 of the Work Health and Safety Act 2011 (NSW) by complying with WorkSafe prohibition and improvement notices and entering the EU.

The EU details the six strategies that Energy Solutions will implement to ensure, so far as is reasonably practicable, the health and safety of its workers. Some of the resources that Energy Solutions will develop will be made available to industry members for educative purposes.

As part of its investment to develop a comprehensive psychosocial health risk management process, Energy Solutions will disseminate a questionnaire designed to collect feedback from its 340 workers and contractors. This will help inform their review of existing measures and help the identify gaps to implement new protocols to protect employees from hazards such as workload, exposure to trauma and stress, sexual harassment and bullying.

Energy Solutions are also investing in the development of a comprehensive Safety Leadership for Solar training program. This aims to decrease the rate of significant work, health and safety incidents by educating leadership teams and field personnel to identify and eliminate hazards and unsafe behaviours from the workplace. Furthermore, a series of videos for key hazards on solar farm construction sites will be published to provide safety messages on operating mobile plants, working near powerlines, and manual handling.

Lastly, Energy Solutions are developing and implementing a comprehensive guidance material for working in solar farm construction. A ‘pocket guide’, a series of checklists and a website will be readily accessible to assist employers and workers improve safety in the industry as a whole

FCW Lawyers’ workplace law team are here to help. Reach out at fcwlawyers.com.au or contact us directly to speak with a workplace law expert.

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