Six-fold fine increase after electric shock sentence appeal

In October 2025, AAD Civil Constructions Pty Ltd was fined $15,000 without conviction in the Dandenong Magistrates’ Court, after pleading guilty to a single charge of failing to provide a system of work that would reduce or eliminate the risk of electric shock.

Following an appeal, on Friday 22 May the Melbourne County Court set aside the original sentence, convicting the company and ordering it to pay a $90,000 fine and $4,064 in costs.

In March 2024, AAD Civil Constructions workers were digging a bore shaft beneath overhead powerlines as part of construction works on a housing estate in Pakenham.

The court heard that a worker measuring the depth of the shaft lifted a seven metre aluminium pole over his shoulder, either touching the lines or getting close enough to cause an arc flash.

He suffered an electric shock resulting in lost consciousness, significant burns requiring skin grafts to his feet, a toe amputation and removal of tendons.

The court heard that WorkSafe had previously provided guidance to the company on the risks associated with no-go zones and working around power lines.

AAD Civil Constructions admitted it was reasonably practicable to ensure workers adhered to a three metre exclusion zone between overhead power lines and any handheld objects.

WorkSafe Chief Health and Safety Officer Sam Jenkin said working close to power lines was a known hazard with potential to cause serious injury or death.

“Before any work on a site with live powerlines it’s critical to identify hazards and eliminate or control all of the risks, including risks to workers using tools capable of conducting electricity,” Mr Jenkin said.

“Electric shock can happen even if equipment doesn’t actually touch the powerlines – as electricity can arc to nearby vehicles, machinery, or even equipment such as poles or conductive tools.”

To avoid contact with power lines employers and contractors using trucks and other mobile plant or conductive equipment should:

• Identify all power lines on site and at site entrance or exit points
• Comply with the No-Go-Zone rules and spotter requirements when operating mobile plant around power lines
• Monitor weather conditions closely – power lines can sag in extreme heat and sway in strong winds
• Be aware that power lines are more difficult to see at dawn and dusk
• Designate travel paths, loading and unloading areas well away from power lines
• Install warning signs or other visual indicators on each side of the power line to warn operators and drivers
• Consider the type and height of heavy vehicles, plant, machinery and equipment and if it can safely operate near the
• power lines
• Induct drivers and operators in the risks of power lines on site, and the controls in place to prevent hitting the power lines.
• If routinely working near power lines consider engineering controls such as presence sensing systems that can detect power lines and interlock plant movements.
• Consult with workers on safe systems of work for working near power lines.