Burpengary Crane Hire

Incident description:

On 1 February 2008 a 26 year old worker sustained injuries when a crane boom suspending a large metal sign contacted live overhead electrical powerlines.

The court acknowledged Burpengary Crane Hire Pty Ltd owned the crane, and employed the crane driver involved in the incident. The injured worker was engaged by a sign manufacturer and installer, and was relocating the sign with the defendant.

The court found the defendant held obligations under s.30 of the Electrical Safety Act 2002 being a person conducting a business or undertaking involving contact with, or being near to, exposed electrical parts (the overhead powerlines).

The injured worker and his supervisor were engaged, along with the defendant, to relocate a large metal sign. The defendant provided a mobile crane with a metal boom capable of conducting electricity, and a crane operator, to lift and move the sign. Live 11 000 volt (11kv) overhead electric powerlines ran between the sign's original position and its new position. The injured person was holding the sign to steady it while the crane reversed. The boom of the crane contacted overhead powerlines, causing the person to suffer an electric shock and burns.

Investigation findings presented to the court revealed:

• the crane operator had about three and a half years experience and was employed by the defendant for about two years
• on arrival at the site, the crane operator observed power lines over the entrance and parallel to the road, but did not see the power lines that were contacted
• the crane operator's vision from the crane cab was obscured while reversing
• the crane operator did not complete a job safety analysis (JSA) prior to start of the job, which the defendant required to be completed by the operator before commencing work on any job
• the defendant had control of the crane aspects of the work, including the injured worker holding the sign
• it was not common practice for the defendant to attend and assess every site prior to the arrival of the crane. The defendant relied on its crane operators to make decisions when they arrived at a site
• the defendant did not contact the electricity supply authority as part of its general operations to establish if there are any overhead wires at a site, and did not do so in this instance
• the defendant relied on advice from the client as to the presence of any hazard at the site including power lines
• the defendant did not identify working near overhead power lines at the site as a hazard until the incident.

Court result:

The defendant pleaded guilty in the Caboolture Industrial Magistrates Court on 20 April 2010 to breaching s.27(c) of the Electrical Safety Act 2002, having failed to meet its electrical safety obligations, and was sentenced with no conviction recorded.

Industrial Magistrate Mr Peter Hasted fined the defendant $20 000 and ordered investigation and court costs totalling $1643.54.

In reaching a decision the industrial magistrate acknowledged the defendant failed to set up an exclusion zone around the live overhead powerlines and in doing so failed to ensure the electrical safety of the injured worker.

In deciding the penalty imposed, Industrial Magistrate Hasted took into account the defendant had not been prosecuted previously for any other electrical safety breaches, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

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

When working in the rural and construction industry where there is exposure to risks from electricity, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves:

• identifying the hazards
• 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 plant operating near overhead electrical line hazards, obligation holders should consider the use of exclusion zones, de-energizing and spotters.

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 Working Near Exposed Live Parts
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.