$65,000 Fine Follows Electrocution

A sub-contractor and the Director of the principle contractor of a South Sydney
construction site were fined a total of $65,000 in the NSW Industrial Court last week after
a sub-contractor received burns following an electric shock.
The prosecution follows an incident in November 2007 where a 35-year-old sole trader
received a severe electric shock from overhead power lines and sustained burns to 35 per
cent of his body.
The court heard the sole trader, contracted to provide cement-rendering services, was
working from the top level of scaffolding preparing to install an aluminium straight edge
onto the corner of a building when it struck 33,000 volt overhead power lines that were
close by.
Justice Kavanagh noted that the risk involved in this incident was foreseeable and that
both defendants failed to ensure there was a safe system of work in place and did not
ensure that the scaffolding was erected within a safe distance from power lines.
The defendants also failed to ensure that an adequate risk assessment was undertaken
and did not provide signage or instruction and training for the contractor with regard to the
presence of overhead power lines.
Neatrule Cement Rendering Pty Ltd, the sub-contractor that engaged the sole trader was
fined $50,000 while the Director of the principle contractor and owner of the site,
Jacaranda Property Developments, was fined $15,000.
Both defendants pleaded guilty to failing to ensure the premises was safe and failing to
ensure a person not in their employment was not exposed to risk.
In handing down the Judgement, Justice Kavanagh noted that both parties had fully
cooperated with the WorkCover investigation and Neatrule Cement Rendering Pty Ltd had
taken steps to improve safety systems since the incident.
General Manager of WorkCover’s Work Health and S afety Division John Watson said
working near overhead power lines is extremely dangerous as contact with live power lines
is a significant risk that can cause serious burns or electrocution:
Contact with voltage from overhead power lines is one of the largest single causes
of fatalities associated with mobile plant and equipment.
The incident serves as an unfortunate reminder of the importance of undertaking
adequate risk assessments and following relevant safety codes. It’s important to
note that there does not need to be direct contact with a high voltage overhead
power line to receive a fatal electric shock. All employers including those with subcontracting
arrangements have obligations to ensure their workers are safe.
Workers and contractors should also follow their employer’s safety policies. A safe
work method plan and risk assessment can avert a tragedy. It is important for
everyone to ensure they do not become complacent about workplace safety,' he
said.
The industry Code of Practice Work near overhead power lines provides practical advice on
the risk control measures, competency requirements and approach distances for workers
working near overhead power lines. The Code can be found on Workplace Safety
Australia’s website: www.worksafe.com.au

WorkCover NSW v Neatrule Cement rendering
NSW Industrial Court
August 2011
Extract from Judgment and commentary – Transcript not yet available online