On 8 April 2024, a company and two of its directors were sentenced in the Brisbane Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld)(‘the Act’). The company failed to comply with its primary health and safety duty to ensure the health and safety of persons was not put at risk from its business or undertaking. The directors failed to exercise due diligence to ensure the company complied with its duty.

The corporate defendant was the principal contractor for a residential construction at Isle of Capri (‘the worksite’). The worksite was located on a residential public street. There were power lines directly above the footpath between the entrance to the site and the road. These power lines ran parallel to the street. The power lines were made up of two low voltage lines (240-415 volts) below three high voltage power lines (11,000 volts).

For the construction of the residence at the worksite the corporate defendant engaged a concreting subcontractor to carry out certain concreting work, including the pouring of concrete at the worksite.

At approximately 8:00am on 4 November 2021, workers employed by the concreting subcontractor arrived at the worksite in a concrete pumping truck. The workers did not participate in an induction at the worksite and they were not required to submit a safe work method statement or any risk assessment to the defendant company.

The concreting workers subsequently raised the boom of the concreting truck and commenced the pour. While carrying out the work, two workers suffered an electric shock when the concrete boom contacted the overhead powerlines.

Both workers were transported by ambulance to hospital for treatment. Assessment of one worker’s injuries found the electric current entered his body via his right hand and exited via his right big toe. He had significant burns to those areas and required amputation of the bottom of his right arm and right big toe. The second worker was discharged without further treatment.

There were several control measures that ought to have been implemented to eliminate or minimise the risk. These included contacting the electricity entity in charge of the power lines to temporarily de-energise the power lines during the period of the work, arranging for flags to be installed on the power lines for greater visibility, conducting a risk assessment, in consultation with the contractors, which identified the exclusion zone to be maintained around the power lines, and ensuring a worker acting as a spotter was engaged to observe and ensure the exclusion zone was maintained.

Magistrate Goverdhan, in sentencing the defendants, had regard to the maximum penalty for the offences and noted that general deterrence was an important sentencing consideration. Her Honour took into account the serious injuries suffered by the injured worker, and the enduring impact those injuries had on his life.

In mitigation, Magistrate Goverdhan took into account the defendants’ very early pleas of guilty as an indication of remorse and a willingness to facilitate the course of justice. Her Honour had regard to the defendants’ lack of prior convictions and otherwise good character. Her Honour also had regard to the defendants’ frank admissions and the considerable steps taken by them to ensure compliance with safety obligations post-incident.

Having regard to all matters, as well as the comparable decisions referred to by the parties, Magistrate Goverdhan convicted and fined the company $85,000 and each of the directors $7,000, with no convictions recorded.

OWHSP contact: enquiries@owhsp.qld.gov.au