Construction Company Penalised After Worker Electrocuted at North Wollongong Site
A construction firm has been hit with a substantial $300,000 fine following a serious incident where a labourer received an electric shock after a reinforcement cage made contact with live overhead powerlines at a building site in North Wollongong. The case, heard in the Industrial Court of New South Wales, highlights critical workplace safety failures in the construction industry.
Details of the Dangerous Incident
In December 2022, Segcon Constructions was developing a five-storey apartment building on Virginia Street and had engaged Civil 1, a civil construction works company, to carry out piling operations at the location. On December 5, 2022, a labourer from Civil 1 was guiding a steel reinforcement cage—a structure used to strengthen concrete—into a hole when he and the pile rig operator heard alarming noises described as "what sounded like welds breaking and rings sliding down the bars of the cage."
Despite halting operations, the cage buckled and struck overhead powerlines carrying 11,000 volts. The labourer, who was standing on wet and muddy ground, felt a powerful surge of electricity course through his body even after releasing his grip on the cage. He was transported to Wollongong Hospital for assessment but was discharged after examination and returned to work the following day. Medical evidence confirmed entry or exit points from the electrical current on his boots.
Multiple Safety Failures Identified
Segcon Constructions pleaded guilty to failing to comply with its work health and safety duty, thereby exposing an individual to a risk of death or serious injury. Agreed facts presented to the court outlined a series of significant safety lapses:
- The company failed to arrange for the removal or underground rerouting of the overhead powerlines.
- There was a lack of adequate separation controls for plant operating near live powerlines.
- Segcon did not properly review Civil 1's risk assessment and safe work method statements.
- The piling rig utilised was not designed for lifting and placing reinforcement cages, and Segcon did not verify that Civil 1 had provided appropriate guidance to its workers on these procedures.
- Neither the labourer nor the pile rig operator held the necessary high-risk work licences, information which Segcon should have known from induction records.
- The company failed to provide sufficient supervision regarding the installation of cages on the site.
Company Response and Court Findings
Following the incident, Segcon took corrective actions including ceasing the use of the piling rig for cage placement, removing the overhead powerlines at a cost of nearly $120,000, erecting danger signage, hiring an on-site safety officer, and amending its construction methods for pile cages.
In court, the company expressed deep remorse and accepted responsibility for exposing workers to safety risks. George Seghabi, the site manager at the time, provided an affidavit stating he believed wooden hoarding around the site would prevent contact with the powerlines, acknowledging this was a miscalculation.
Justice Jane Paingakulam determined the objective seriousness of the offence was above the mid-range. While she accepted that Segcon might have been unaware of specific warnings due to its lack of expertise in piling work and considered Civil 1 a reputable contractor based on past performance, she noted the company did not act on clear warning signs that the operation was unsafe.
Justice Paingakulam emphasised that the penalty must serve as a deterrent, citing that work safety issues in construction are "notorious." She deemed a $400,000 fine appropriate but reduced it to $300,000 due to Segcon's guilty plea. Additionally, Segcon is required to cover the costs of the prosecuting agency, SafeWork NSW.
Aftermath and Industry Implications
Segcon Constructions has not undertaken any further projects since the Virginia Street development and has no plans for future work. This case underscores the paramount importance of rigorous safety protocols, thorough contractor vetting, and effective supervision in the construction sector to prevent potentially fatal accidents.
