$1.05 million fine for fatal electrocution

The building industry has received a strong message about the importance of workplace safety after a construction company and a roofing company pleaded guilty and were fined $600,000 and $450,000 following a fatal electrocution incident in Sydney in 2019.

SafeWork Executive Director Compliance & Dispute Resolution Matthew Press said falls from heights were the leading cause of traumatic injuries and fatalities in the NSW construction industry, closely followed by contact with electricity.

“On 11 February 2019, two labourers were removing steel handrails from the roof of a warehouse in Moorebank when a metal handrail contacted high-voltage powerlines nearby,” Press said.

“The 25-year-old man holding the handrail fell onto his back and his workmate ran to his aid and tried to kick the handrail out of his hands.

“The 25-year-old sadly died on the roof and the other worker suffered serious burns to his legs.”

On 15 July 2022, Perry’s Roofing Pty Ltd received a $450,000 fine and on 14 September 2022, Riverwall Constructions Pty Ltd received a $600,000 fine. Both were convicted in the District Court for failing to comply with their work health and safety duty.

“This case is a reminder to all businesses involved in this type of work to identify hazards and manage risks to health and safety in accordance with the provisions of the Work Health and Safety Act 2011, Work Health and Safety Regulations 2017 and the Codes of Practice for Construction Work and Work near overhead powerlines,” Press said.

“Each year SafeWork NSW responds to many incidents where workers come into contact with overhead powerlines or are observed working too close to them.

“Businesses must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead powerline. To avoid these types of incidents, consult with the electricity supply authority to have the power isolated. They can assess the site and advise of appropriate controls that you should adhere to. If you can’t avoid working near overhead powerlines, you need to properly assess and control the risks to workers.”

Small business owners and sole traders are reminded they can apply for a NSW Government rebate of up to $1000 to make their workplaces safer with $1 million recently added to the Small Business Rebate Program. Further information about the Small Business Rebate Program can be found here.

Further information about workplace safety can be found on the SafeWork website here.

Riverwall Constructions Pty Ltd was engaged to replace the damaged roof on which the workers were working. Riverwall oversaw the project at the site and subcontracted Perry’s Roofing Pty Ltd to replace the roof.

The two court judgements regarding the case can be found here and here. The companies have a right to appeal the sentence.

Image credit: iStock.com/jariyawat thinsandee