Christopher John McKay

Incident description:

On 14 October 2009 a 25 year old worker was electrocuted when installing foil insulation in a ceiling space. A 19 year old co-worker received an electric shock and sustained burn injuries, amounting to grievous bodily harm, when she came to the aid of the electrocuted worker.

Christopher John McKay pleaded guilty to a breach of the obligations he held as an executive officer of QHI Installations Pty Ltd under s.199 of the Electrical Safety Act 2002 (the Act).

The two workers were engaged by QHI Installations Pty Ltd to install foil insulation at a private residence. QHI Installations Pty Ltd had failed to ensure electrical safety.

The facts presented to the court revealed:

• no trade or other technical qualifications were required for the job being undertaken by the workers
• there was no statutory or civil requirement for the power to be turned off by workers whilst installing foil insulation in ceilings
• the defendant did not supply adequate information to the workers concerning electrical risks
• the defendant provided some general training and warnings relating to 'being careful' when installing foil insulation with staples, however this training did not go far enough to ensure that work was carried out in an electrically safe way
• the deceased had conducted a number of ceiling insulation jobs successfully for the defendant in the weeks leading up to the incident. On at least on one other occasion he had pierced an electric cable which caused the power supply to the house to short circuit.
• the defendant, although not listed as a QHI Installations Pty Ltd's office bearer, was a person in control of the company's undertaking.

Court result:

The defendant pleaded guilty in the Beenleigh Industrial Magistrates Court on 4 February 2011 to breaching s.27 of the Electrical Safety Act 2002, having failed, as an executive officer, to ensure QHI Installations Pty Ltd complied with its obligations under the Act. He was sentenced with no conviction recorded.

Industrial Magistrate Mr. J.M. Herlihy placed the defendant on a two year, $2000 good behaviour bond.

In reaching a decision, the industrial magistrate acknowledged the defendant failed to ensure that the company provided adequate training to the two workers, both of whom were relatively young and inexperienced.

In deciding the penalty imposed Industrial Magistrate Herlihy took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation, entered an early plea of guilty, had shown remorse and had suffered significant financial and personal stress since the incident.

Considerations for prevention:

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

When working in the roofing insulation industry where there is exposure to electrical risks from live cables being penetrated, obligation holders should apply a risk management approach to ensure the work is conducted in a way that is electrically safe.

Risk management involves:

• identifying the hazards
• evaluating the consequences and likelihood of harm that may result from the hazard
• deciding 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, obligation holders should consider isolating the supply of electricity to the area where work is to be conducted. Also, employers should provide comprehensive training to workers on conducting proper and effective risk assessments so that they are competent in recognising risks and taking appropriate steps to ensure live cables are not inadvertently penetrated whilst installing roofing insulation.

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

• Managing risk
• Employer training options
• Training staff
• Insulation – installing ceiling insulation and your health and safety.
• 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.