Kens Sand & Cement Pty Ltd has been fined $135,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 9 February 2023, when a worker was operating a crane situated on a truck to unload a bag of sand at a construction site in Dundas, NSW.
The crane came into contact with overhead powerlines and brought down a live, low voltage powerline, damaging the driver’s side door and window of the truck. The worker was not injured.
Kens Sand & Cement Pty Ltd pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its duty to workers under section 19(1) of the Act.
The full judgment against Kens Sand & Cement Pty Ltd can be read on the NSW Caselaw website at SafeWork NSW v Kens Sand & Cement Pty Ltd.
Kens Sand & Cement Pty Ltd has the right to appeal against the sentence.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork on 13 10 50 or through the Speak Up Save Lives website.
Business owners and workers can access a range of resources to help manage the risks of working with plant, machinery and equipment.
Quotes attributable to SafeWork Commissioner Janet Schorer:
“Risk control measures for working with mobile plant and vehicles near power lines are well known.”
“Contact with overhead power lines is a serious risk that can often result in electrocution, electric shock or burns.”
“Employers and duty holders have an obligation to ensure no person, plant or vehicle comes within an unsafe distance of any overhead power line so far as it is reasonably practicable.”
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