NSW Builder Fined $300k After Worker Suffers Powerline Electric Shock

Segcon Constructions Pty Ltd has been fined $300,000 in the Industrial Court of New South Wales following a SafeWork NSW prosecution over a serious electrical incident on a construction site.

The case arose from an incident on 5 December 2022, when a 16-metre steel reinforcement cage being lifted by a rig buckled and fell onto two 11,000-volt overhead powerlines. A worker on site received an electric shock as a result of the contact with the live conductors.

Segcon Constructions pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011 (NSW), for failing to comply with its primary duty of care under section 19(1) of the Act to ensure, so far as is reasonably practicable, the health and safety of workers.

The judgment highlights the importance of robust WHS management systems, documented safe work method statements (SWMS), and clear policies for controlling risks associated with mobile plant operating near overhead powerlines. These controls should include planning, exclusion zones, competent spotters, and effective supervision to prevent plant or persons encroaching into unsafe distances.

SafeWork Commissioner Janet Schorer noted that risk control measures for working with mobile plant near powerlines are well established and widely understood. She emphasised that contact with overhead powerlines presents a significant risk of electrocution, electric shock and burns, as well as the potential for fires and explosions that can immobilise mobile plant and endanger multiple workers.

The Commissioner reiterated that employers and other duty holders must ensure that no person, equipment or plant comes within an unsafe distance of any overhead powerline, so far as is reasonably practicable. This includes undertaking thorough risk assessments, implementing safe systems of work, and ensuring workers are trained and supervised in line with documented procedures and SWMS. For organisations seeking to strengthen their WHS documentation, industry-specific SWMS templates are available from providers such as BlueSafe Online.

Segcon Constructions Pty Ltd retains the right to appeal the sentence handed down by the Industrial Court.

Workers who have concerns about health and safety at work can contact SafeWork NSW anonymously on 13 10 50 or via the Speak Up Save Lives website. Business owners and workers can also access guidance material on managing the risks of working with mobile plant near powerlines on the SafeWork NSW website, and may wish to review their WHS policies and procedures to ensure compliance with legislative duties.