Court fines New South Wales roofing company over safety failures

Court Fines New South Wales Roofing Company Over Safety Failures

A NSW court has ordered a roofing company to pay nearly half a million dollars for breaching workplace health and safety laws after a worker was fatally electrocuted and several others sustained injuries in two unrelated incidents in February 2019.

Head of SafeWork NSW Natasha Mann said both incidents happened in Moorebank, adding that in one of them, a man was fatally shocked when a metal handrail contacted powerlines.

"Tragically, the 25-year-old sustained a fatal electric shock and his colleague received serious burns to his legs after he rushed to the aid of his co-worker," Ms Mann said.

Employer Duty Under Health and Safety Obligations

Ms Mann said businesses and machinery operators must implement safety measures to keep their workers safe from harm on site.

"It is the employer's duty to ensure that employees are provided with adequate information, instruction, training and supervision to perform their work safely," Ms Mann said.

This case highlights why every construction business needs documented risk controls before work begins, not after an incident forces a court appearance. A properly prepared SWMS sets out the specific hazards for high-risk construction work, including proximity to overhead powerlines, and identifies control measures workers must follow.

Why SWMS Matter for Roofing and Construction Work

A Safe Work Method Statement (SWMS) is a legal requirement for high-risk construction activities under most state and territory health and safety legislation. For roofing contractors, an SWMS must address:

• Electrical hazards, including work near powerlines and overhead services
• Fall prevention measures for work at height
• Emergency response procedures if a worker suffers electric shock or injury
• Supervision and training requirements for all personnel on site

Without a current SWMS, construction businesses expose their workforce to unnecessary risk and themselves to potential prosecution. Every SWMS should be reviewed regularly and updated whenever site conditions or tasks change, so that risk controls stay relevant to actual work being performed.

Lessons for Construction and Roofing Businesses

This SafeWork NSW case demonstrates several risk factors relevant to any construction or roofing operation:

• Powerline proximity: Metal equipment, including handrails and scaffolding, must never contact live powerlines. An SWMS should specify exclusion zones and spotter requirements near electrical infrastructure.
• Emergency response training: The colleague who suffered burns had rushed to assist his co-worker. Untrained rescue attempts can cause secondary injuries, so an SWMS must include clear emergency procedures.
• Supervision gaps: Courts consistently find that inadequate supervision contributes to serious incidents. Regular site checks against SWMS requirements help close this gap.
• Documentation as evidence: A properly implemented SWMS shows regulators and courts that a business took reasonable steps to manage risk, which can be critical in any legal proceeding.

Roofing businesses seeking ready-made, industry-specific templates can review our Roofing Safety Packages, which include SWMS documents covering electrical hazards, height risks and equipment operation relevant to roofing work.

Related Safety Prosecution Cases

This is not an isolated case. Similar prosecutions highlight how courts across Australia and New Zealand treat safety failures in high-risk industries:

• Queensland roofing company, supervisor, fined over roof plunge
• VIC company to front court over alleged workplace bullying
• Charter company fined over safety breaches on New Zealand White Island

For New Zealand businesses reviewing their own obligations, our Safety Documents for New Zealand Businesses hub and New Zealand OHS/WHS Management Systems range offer templates tailored to local requirements.

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