Arrow Property Maintenance Pty Ltd

Incident description:

On 18 November 2009 a 16 year old male worker was electrocuted while installing fibreglass insulation.

Arrow Property Maintenance Pty Ltd conducted a general property maintenance business which included installation of fibreglass insulation in domestic premises.

The court found the defendant held obligations under s.28 of the Workplace Health and Safety Act 1995 and s.30 of the Electrical Safety Act 2002.

A joint investigation was conducted into the fatal incident by inspectors from the Electrical Safety Office and Workplace Health and Safety Queensland.

Investigation findings presented to the court revealed:

• a pre-existing defect was present in the ceiling cavity. A screw had penetrated a cable and caused parts of the house, including a ceiling batten, to be live. This defect was present for at least 10 years
• the defendant allowed work to proceed without the house, or any parts, being isolated or de-energised
• only minimal induction or training was given to workers
• there were no specific or documented procedures in place for installation of insulation
• the worker was permitted to use a conductive, aluminium pole to position or place insulation batts
• no training was provided to workers in relation to first aid for electric shock
• in addition to electrical issues facing the workers, they were positioned on the roof some 4.8 metres above the ground, without any consideration as to fall protection
• although no person was injured or fell, there were no procedures in place for working at height.

Court result:

The defendant pleaded guilty in the Rockhampton Industrial Magistrates Court on 14 September 2010 to breaching s.24(1) of the Workplace Health and Safety Act 1995 for failing to ensure its workers were protected from falls from heights, and s.27 of the Electrical Safety Act 2002 for failing to conduct its business or undertaking in a way that was electrically safe.

In his decision on 17 September 2010, Industrial Magistrate Mr John McGrath fined the defendant $25 000 for its breach of the Workplace Health and Safety Act 1995 as well as ordering investigation, professional and court costs totalling $7692.40. He also fined the defendant $110 000 for the breach of the Electrical Safety Act 2002, and ordered costs totalling $7102.

In reaching a decision the industrial magistrate suggested the defendant failed to move beyond unsafe practices of the Industrial Revolution. It was derelict in its duty and the court denounced its lack of duty to ensure workers were free from harm.

In deciding the penalty imposed Industrial Magistrate McGrath took into account the defendant had shown remorse, entered a timely plea and had not been prosecuted previously for any workplace health and safety or electrical safety breach.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When working in the construction or maintenance industry where there is exposure to electrical risks and risks of falling from heights, obligation holders should apply a risk management approach to ensure the selection of suitable control measures. 
Risk management involves:

• evaluating the consequences and likelihood of harm that may result from the hazard
• deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing control measures associated with the risk of electrocution and falling from heights, obligation holders should consider protecting workers by following the guidelines in Part 20 of the Workplace Health and Safety Regulation 2008.

Visit the Workplace Health and Safety Queensland website for more information on:

• Electrical Safety Act 2002
• Electrical Safety Regulation 2002
• Electrical Safety Code of Practice 2010 Risk Management
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995
• Workplace Health and Safety Regulation 2008
• Working at heights
• Insulation – installing ceiling insulation and your health and safety.