Construction Firm’s Fine Soars After Electric Shock Appeal Ruling

AAD Civil Constructions Pty Ltd has received a substantially increased penalty after an appeal against its original sentence for failing to control the risk of electric shock on a Pakenham construction site.

In October 2025, the Dandenong Magistrates' Court fined the company $15,000 without recording a conviction, after it pleaded guilty to one charge of failing to provide a safe system of work that reduced or eliminated the risk of electric shock.

On 22 May, the Melbourne County Court allowed an appeal against that sentence, set aside the earlier outcome, recorded a conviction and imposed a $90,000 fine, along with $4,064 in costs.

The incident occurred in March 2024 during construction works on a housing estate in Pakenham, where AAD Civil Constructions workers were excavating a bore shaft beneath live overhead powerlines.

Evidence before the court showed that a worker measuring the depth of the shaft lifted a seven metre aluminium pole over his shoulder, bringing it into contact with, or close enough to, the overhead lines to cause an arc flash.

The worker received a severe electric shock, lost consciousness and sustained significant burns that required skin grafts to his feet, the amputation of a toe and the removal of tendons.

The court heard that WorkSafe Victoria had previously provided the company with guidance on managing no-go zones and working in proximity to overhead powerlines, highlighting the need for robust WHS management systems and documented safe work procedures.

AAD Civil Constructions admitted it was reasonably practicable to ensure that workers complied with a minimum three metre exclusion zone between overhead powerlines and any handheld objects, a control measure that should have been embedded in the company’s WHS policies, procedures and Safe Work Method Statements (SWMS). Resources to support such documentation are readily available, including industry-specific SWMS templates from providers such as BlueSafe.

WorkSafe Chief Health and Safety Officer, Sam Jenkin, said working near live powerlines was a well-recognised hazard with the potential to cause catastrophic injury or death, and must be addressed through effective planning and risk management.

"Before any work on a site with live powerlines it’s critical to identify hazards and eliminate or control all of the risks, including risks to workers using tools capable of conducting electricity," Mr Jenkin said.

He emphasised that electric shock can occur even when equipment does not physically touch the powerlines, as electricity can arc to nearby vehicles, mobile plant, machinery, poles or other conductive tools.

To prevent contact with overhead powerlines, employers and contractors must implement and enforce clear exclusion zones, ensure workers are trained and competent, use non-conductive equipment where possible, and incorporate these controls into their WHS management systems, SWMS and site-specific policies and procedures. Comprehensive WHS documentation, such as that available through specialised providers like BlueSafe, can assist businesses to meet their obligations and maintain safer work practices.

The case reinforces WorkSafe’s ongoing "Look up and live" message and serves as a reminder that courts will treat failures to control electrical risks around overhead powerlines as serious breaches of work health and safety duties.