Titan Insulations Pty Ltd

Incident description:

On 4 February 2010 a 22 year old insulation installer died by electrocution at Millaa Millaa, near Cairns. Metal conductive fasteners were used in the installation of the ceiling insulation, and electrical power was not isolated before ceiling insulation installation began.

Titan Insulations Pty Ltd undertook a business or undertaking that included installation of ceiling insulation. The defendant held obligations under s.30 of the Electrical Safety Act 2002 in that it must conduct its business in a way that is electrically safe, including complying with the Electrical Safety (Installation of Ceiling Insulation) Notice 2009.

The investigation findings presented to the court revealed:

• the power to the dwelling, including the power to the lighting sub circuit encompassing the cables in the ceiling space, was not isolated before the installation began
• metal conductive fasteners were used in the installation of the foil laminate insulation in the ceiling space
• one staple pierced a live conductor (wire) and this had the effect of energising the foil insulation in the ceiling
• the insulation installer was electrocuted as a consequence of contacting the energised foil.

The defendant had not been prosecuted previously for any electrical safety breach.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 30 August 2011 on the second day of trial. The defendant pleaded guilty to breaching s.27 of the Electrical Safety Act 2002, having failed to meet its electrical safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Mr Paul Kluck ordered the defendant pay a penalty of $100 000.

In reaching a decision, the industrial magistrate acknowledged the defendant failed to ensure metal fasteners were not used in the undertaking of installing ceiling insulation. His Honour accepted that the defendant took 'not insignificant' steps towards discharging its obligation, but ultimately failed in that it had not implemented any system or processes to ensure that its intentions were fulfilled.

His Honour heard submissions from the defendant that it had supplied plastic staple guns and plastic staples to the people it engaged to do work for it. He further heard the defendant had trained various people in how to conduct risk assessments, and had run training courses for those it engaged in relation to a number of safety related issues. The defendant, before the day of the electrocution, had directed all people it engaged to not use metal staples and to use the plastic fasteners.

In deciding the penalty imposed, Industrial Magistrate Kluck took into account the defendant had not been prosecuted previously for any electrical safety breach.

Considerations for prevention:

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

When deciding and implementing control measures associated with the risk of electrocution, obligation holders should consider the conductivity of the insulation material and the fasteners being used and de-energising the work area to ensure the area is electrically safe during and after the installation.

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

• managing risk
• fact sheet on installation of insulation  
• employer training options
• training staff
• the Electrical Safety (Installation of Ceiling Insulation) Notice 2009
• the Electrical Safety Act 2002
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.