On 14 January 2025, a company was sentenced in the Southport Magistrates Court for breaching section 40C of the Electrical Safety Act 2002 (Qld) (‘the Act’) for failing to comply with its duty under section 30 of the Act to ensure, so far as was reasonably practicable, that its business or undertaking was conducted in a way that was electrically safe. 

The defendant was engaged to supply concrete for a residential construction at Isle of Capri. 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.

The voltage of the powerlines required a 3-metre exclusion zone, inclusive of operating plant.  Persons conducting businesses or undertakings are also required to ensure that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line. 

While carrying out the work, two workers engaged by the defendant, suffered an electric shock when the concrete pouring boom contacted powerlines. 

There were several control measures that ought to have been implemented to eliminate or minimise the risk. These included prohibiting workers from operating the boom of the concrete pump truck in the vicinity of power lines without having conducted a risk assessment and implementing a safe work method statement for the operation of the concrete pump truck which detailed the following was required when work was to be completed in the vicinity of power lines:

1. consultation with the principal contractor regarding the electrical risk posed by the power lines and whether any controls had been implemented, for example if the power lines had been deenergised;
2. conducting a risk assessment regarding the operation of the boom of the concrete pump truck in the vicinity of the power lines which identified the exclusion zone to be maintained around the power lines, the potential for inadvertent contact of the boom with the power lines and the requirement for a spotter or safety observer; and
3. a spotter or safety observer was required for operating the boom in the vicinity of overhead power lines to stop an operator encroaching the required exclusion zone.

By failing to ensure the workplace was electrically safe, the defendant exposed workers to the risk of death or serious injury or illness.

Magistrate White, in sentencing the defendant, had regard to the maximum penalty for the offence and noted that general deterrence was an important sentencing consideration. Her Honour took into account the resultant harm from the offending.

Magistrate White had regard to the penalty of $85,000 imposed against the principal contractor and determined that the principal contractor was more culpable. Her Honour further determined that the defendant was a smaller company with reduced financial capacity to pay a fine, relative to the principal contractor.  

Her Honour noted that the defendant provided financial support to the injured worker and also had regard to the considerable steps taken by the defendant to ensure compliance with safety obligations post-incident.

Having regard to all matters, Magistrate White convicted and fined the defendant $65,000 and exercised her discretion not to record a conviction.

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