Pecuniary Penalties Claims Examples

Construction Industry - Power Lines

Breaches Involved

Section 8(2) of the NSW Occupational Health and Safety Act 2000

 

Case Details

A construction company and its project manager were each prosecuted following the electrocution of the employee of a concrete pumping sub-contractor.

The concrete pumping contractor set up a boom on the driveway of the property. The rear of the equipment was under overhead power lines. The positioning of the equipment was determined by the pump operator. The pump operator had previously refused directions by the project manager to position the boom on another surface (remote from the power lines) due to the stability of the ground in that area.

The project manager had deferred to the pump operator in accepting that the position of the equipment provided adquate clearance beneath the power lines to allow safe operation of the boom.

The Industrial Court of NSW, found against the company and the individual project manager on the basis that it was not a defence to the non-delegable duty under the Act to show that the breach was due to the act or default of another person. The project manager had failed to require the pump operator to provide him with a copy of his safe working methods statement and had failed to conduct his own risk assessment.

 

Resulting Penalties

»  The construction company was fined $75,000

»  The individual project manager was fined $15,000

»  Each was ordered to pay the Prosecutors legal costs

 

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