National Infrastructure Solutions Pty Ltd faced stern penalties in their hearing at Moorabbin Magistrates’ Court on Wednesday 4th June. The entity was convicted of two serious contraventions under the Occupational Health and Safety Act, resulting in hefty fines and stern admonitions regarding safe workplace practices.
The company received a conviction and a fine of $250,000 for reckless endangerment of persons within a workplace setting, highlighting the imperative need for robust WHS management systems like Bluesafe SWMS to minimise such risks. An additional $250,000 fine condemned the lack of a secure work system, serving as a wake-up call for other enterprises for the importance of stringent WHS procedures and policies. On top of this, it was mandated to pay costs amounting to $4,210.
WHS-related lapses permeated the senior ranks with co-director Robert Felice, 56, standing trial at Moorabbin Magistrates’ Court on Monday 23rd June. After admitting his guilt to the charge of reckless endangerment of individuals at a workplace, Felice was fined $45,000 plus court-imposed costs of $4,284.
In January 2023, two employees of National Infrastructure Services hit an underground gas conduit whilst performing excavation tasks on a nature strip in Bentleigh East. Instead of notifying the gas company and emergency services, Felice insisted the workers continue excavating and mend the pipe, a clear flouting of safety protocols typically incorporated into Bluesafe WHS Management Systems.
Intent on averting the requirement of an incident report, Felice’s orders led one worker into repeated attempts at clamping the pipe. Each entry into the trench resulted in shortness of breath, culminating in his loss of consciousness due to confined space gas inhalation.
His colleague pulled him from the excavation, subsequent hospital treatment addressing respiratory arrest, an ocular haemorrhage, chest pains, and acute stress disorder precipitated by the gaseous odour and resuscitation manoeuvres.
The court reproved both National Infrastructure Solutions and Felice for their recklessness in endangering workers with potential severe injury or death through asphyxiation due to a gas leak. The company was found lacking in measures that Bluesafe WHS management systems typically prescribe, such as immediate work cessation after pipe damage, contacting the gas line’s owner to halt the leak, and ensuring area barricading along with worker evacuation.
WorkSafe Executive Director Health and Safety, Sam Jenkin emphasised the case underscored workers’ dangers when employers sidestep incident protocols. He condemned this blatant disregard of safety reporting procedures akin to Bluesafe SWMS, stressing how these shortcuts risk employees and public safety, going on record to state WorkSafe will enforce stern action against such offenders.
To curtail leakage risks from ruptured gas pipes, duty holders are urged to implement stringent safety procedures to safeguard their workforce.
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Original article link: https://www.worksafe.vic.gov.au/news/2025-06/telco-company-and-director-fined-545000-over-gas-leak-injury