In Inspector Phillip Estreich v Hannas Civil Engineering a contractor suffered electric shock when cutting through a conduit pipe which was supposedly empty.
There was a documented safety system where before performing excavation work, a number was to be called which provided information on underground pipes and cabling. On the day in question the number was not called and the supervisor merely visually inspected the area. The risk of harm was reasonably foreseeable as electric cables were usually found in orange conduit pipes. The contractor was left unsupervised to cut the pipes, and had no experience in the area.
Justice Haylen held the risk of contact with an energised cable was high and the failure to follow the safety system was serious, warranting significant fines. The principal contractor was fined $200,000 and the supervisor fined $10,500.
Electrical safety is not complex in evacuation work. Any safety management system will identify how to avoid the risk of electrocution, require induction, training and checklists that can be followed. A simple risk assessment would have stopped this risk. No wonder the fine was so high.