$65K Fine for Scaffold Near Live Power Lines

WorkSafe

Willoworks Pty Ltd was sentenced in the Melbourne Magistrates' Court on Thursday 6 March after earlier pleading guilty to a single charge of failing to ensure that a workplace under its management and control was safe and without risks to health.

The company was also ordered to pay $4,210 in costs.

The court heard Willoworks was constructing four triple-storey townhouses in Elwood and engaged a subcontractor to erect scaffolding at the workplace in January 2023.

In April 2023, a WorkSafe inspector visiting the site observed metal scaffolding within 10 centimetres of a power service cable, with an orange bollard marked "danger live power" placed over the cable.

The inspector directed two workers on the site to leave immediately due to the risk of electrocution.

A WorkSafe investigation confirmed that the service cable had been energised since August 2022, and that the local power company had not received an application from Willoworks for a permit required to work in a No-Go-Zone, within 4.6 metres of a live power line.

Investigators also found that the company had not followed its Safe Work Method Statement, which had identified the risk of scaffolding near power lines and required either ensuring the electricity was isolated or implementing No-Go-Zone rules.

It was reasonably practicable for Willoworks to reduce the risk of electrocution by applying for a permit to work within a No-Go-Zone and implement any required conditions, or by de-energising the service cable, before work began on the site.

WorkSafe Executive Director of Health and Safety Sam Jenkin said the failure to address the risk of electrocution could have had deadly consequences.

"It's galling that this very serious hazard of working near live power lines was identified on the site, yet no effort was made to take the appropriate safety measures already outlined in the company's Safe Work Method Statement," Mr Jenkin said.

"Workplace safety is not about ticking boxes - in this case the failure to manage the risk could have easily resulted in serious injury or death."

The scaffolding company engaged by Willoworks, Scaff Right Scaffolding Pty Ltd, has also been charged in relation to the incident and will appear in the Melbourne Magistrates' Court on 26 March.

To avoid contact with power lines employers and contractors should:

  • Identify all power lines or service cables on site and at site entrance or exit points.
  • Comply with the No-Go-Zone rules when working around power lines, including applying for a permit and following conditions, or isolating or disconnecting electricity when required.
  • Monitor weather conditions closely - power lines can sag in extreme heat and sway in strong winds.
  • Be aware that power lines are more difficult to see at dawn and dusk.
  • Designate travel paths, loading and unloading areas well away from power lines.
  • Install warning signs or other visual indicators on each side of the power line to warn operators and drivers.
  • Consider the type and height of heavy vehicles, plant and machinery and if it can safely operate near the power lines.
  • Induct workers in the risks of power lines on site, and the controls in place to prevent hitting the power lines.
  • Consult with workers on safe systems of work for operating near power lines.
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