A glass company formerly based in Coniston has been hit with a $1 million fine over an incident where a contractor caught on fire and suffered burns to 30 per cent of his body after touching a 33,000 volt power line.
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Window glass company WGA Pty Ltd was hit with the fine in the NSW District Court on Friday – the largest ever fine imposed in the state under the Work Health and Safety Act.
The incident occurred in Hurstville on June 19, 2014, during the construction of a four-storey residential block of which WGA – who it is understood had moved to Sydney the year before – had management control.
There were high voltage lines for the local train line within metres from the construction site.
Judge AC Scotting’s sentencing report said SafeWork Inspector Sascha-Lynne Newton visited the site in March and informed WGA director Mark Hassan of the risk of the power lines and that workers could be no closer than four metres from them.
In the report, Inspector Newton said Mr Hassan “replied in words to the effect, ‘I don’t really see it as such a problem’ and ‘why would someone reach out and touch it’.”
In April 2014, Mr Hassan asked contractor Christopher Cullen to do some work installing angles (which cover up gaps) on the windows before the scaffolding was removed in the coming days.
“Mr Hassan did not say anything to Mr Cullen about the risk posed by the power lines, that he was not permitted to go onto the window ledge to install the angles, or that he should not do so unless the power was isolated,” Judge Scotting’s sentencing report stated.
On June 19 Mr Cullen turned up to work on the site and was not told about the presence of the high voltage power lines.
Mr Cullen does not remember what happened but Judge Scotting inferred from the evidence that a metal angle he was holding came in contact with the power line.
Megan Evers was working across the road from the site on the day of the incident.
“Ms Evers heard an explosion and then saw a worker thrown backwards on the scaffolding,” the sentencing report stated.
“The worker appeared to be on fire and his head was hanging over the fourth storey of the worksite.”
Judge Scotting found that WGA knew of the risks posed by the power lines.
“The offender took none of the steps that it had been informed of to eliminate or minimise the risk,” Judge Scotting said.
“Mr Hassan misled Inspector Newton into believing that barrier tape and warning signs had been installed.”
Additionally WGA had a “non-existent” safety system in place for Mr Cullen’s work.
The company was also ordered to pay prosecutor’s costs of $50,460.