Sparks fly after another basic safety failing

10 April 2008

Failing to properly train and supervise employees has cost a major civil contracting company a conviction, $25,000 fine and court costs of $4716.17.

Fulton Hogan Pty Ltd (formerly FRH Group Pty Ltd) pleaded guilty to two workplace health and safety charges laid after a sub-contractor’s excavator struck an underground power line. Neither man  was hurt.

MagistrateDuncan Reynolds was told last week a redundant gas line was being removed near Market Street in central Melbourne as part of the demolition of the Flinders Street / King Street overpass on 12 August 2005.

WorkSafe told the court:

• A company employee was acting as spotter for a contract excavator operator who was  uncovering and removing an old gas line;
• the employee was not trained in the firm’s safe-digging method;
• WorkSafe inspectors had also discussed the protection of in-ground electrical assets with Fulton Hogan managers in May and June 2005.

As they began work to remove the pipe, the excavator unearthed an electrical cable which the two workers believed was not live. The excavator blade was used to cut the cable. Sparks flew, but neither worker was hurt.

The company’s procedures were changed after the incident and training was up-dated.

The Director of WorkSafe’s Construction and Utilities Division, Chris Webb, said like so many incidents, the risk of serious injury or death could have been prevented.

“The risk of electric shock is well known, as are the means of prevention. In this case, all that was required was adequate training and supervision.

“Incidents with electricity are often fatal or leave the person with burns and other serious, permanent injuries.

“Incident’s like these prompted WorkSafe to produce its ‘Guide to Undertaking Work Near Underground Assets – A Guide to the No Go Zones’ in 2004.”

The guide is available in printed form here. It provides a uniform safety approach for industry when working near overhead and underground assets.

The charges: The defendant failed to adequately train and supervise employees engaged in the task of uncovering underground electrical cables. Section 21(1) and 21(2)(e) of the Occupational Health and Safety Act 2004 (2 charges).

 Section 21.     Duties of employers to employees

 (1) An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.

(2)Without limiting sub-section (1), an employer contravenes that sub-section if the employer fails to …

(e) provide such information, instruction, training or supervision to employees of the employer as is necessary to enable those persons to perform their work in a way that is safe and without risks to health.