On 21 April 2023, a qualified electrician was fined $7,000 in the Brisbane Magistrates Court for breaching section 40C of the Electrical Safety Act 2002 (‘the Act’), having failed to comply with his electrical safety duty pursuant to section 39(b) of the Act.

The defendant was a qualified electrical fitter mechanic. The company he was employed by was engaged to undertake work at schools across Queensland. In January 2021, the company was performing works at Cunnamulla State School, which included replacing switchboards. A number of employees of the company were working at the school, including the defendant and the injured worker. The injured worker was a second-year apprentice who was being supervised by the defendant.

On 11 January 2021, the defendant and the injured worker were working in the building known as G Block. Prior to starting work in that building, the defendant had isolated the submain breaker for the G block. The defendant left the injured worker to continue working on the G block switchboard, so that he could assist another worker (‘the other worker’) to isolate and de-energise the switchboard for another building known as the ‘groundsman shed’.

The breakers on the main switchboard had not been correctly labelled. The defendant was attempting to determine which breaker controlled the groundsman shed. The defendant was on the phone to the other worker at the time. After the defendant flicked a switch on the main switchboard, the other worker would advise him whether that breaker was connected to the groundsman shed.

While the defendant was at the main switchboard, the injured worker received an electric shock. The injured worker lost consciousness and became incontinent. The injured worker received burns to the palms of both hands.

The defendant did not take reasonable care that his acts or omissions did not adversely affect the electrical safety of the injured worker as he:

1. Failed to direct the injured worker to cease work on the G Block board while work was being performed on the main switchboard; and
2. Accessed and performed work at the main switchboard without first ensuring that other workers had ceased work on the G Block board.

In sentencing, Magistrate Quinn took into account the defendant’s early plea of guilty, his remorse, his cooperation and his lack of criminal history.

His Honour was satisfied the defendant was genuinely, personally, and unambiguously remorseful since the event.

His Honour indicated that the defendant was normally a responsible member of the community and an efficient and safety conscious electrician, however, on the date of the incident he regrettably made a mistake which had very serious consequences. His Honour indicated that the lack of supervision and carelessness resulted in significant and long-lasting, if not lifelong, impacts.

His Honour took the victim impact statement into account, noting that the incident has not unexpectedly affected the injured worker significantly. 

His Honour accepted that the defendant did not intend to cause harm, however his Honour noted that the injury and danger of injury were entirely and easily preventable if proper attention was paid by the defendant to his duties, supervision and his responsibility to render a workplace safe. His Honour noted that a great risk existed on the day and the defendant’s conduct contributed to that. His Honour indicated that the injury and risk of injury could have been easily avoided. His Honour noted that the defendant’s responsibility of the safety of members of the community was paramount.

His Honour indicated that personal deterrence was not as relevant in this matter, however, general deterrence was paramount.

After taking into account all factors, his Honour fined the defendant $7,000. Having regard to section 12 of the Penalties and Sentences Act 1992, his Honour was satisfied that it was not necessary in the circumstances to record a conviction.

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