On 27 October 2026 a worker was sentenced in the Magistrates Court at Richlands for breaching section 40C of the Electrical Safety Act 2002 (Qld) having failed to comply with their electrical safety duty under section 39(b) to take reasonable care to ensure that their omissions did not adversely affect the electrical safety of other persons at the property.

The defendant worker was the manager of the workplace. An external contractor was working on-site with the defendant loading steel trusses using a crane-loaded truck. After most of the trusses were moved, the contractor moved his truck underneath some high voltage powerlines to move the last load. In the presence of the defendant, the contractor extended the crane arm to move the final load of trusses, and the crane struck the powerlines. There was a surge through the truck and arcs in the concrete and at two locations inside the building. No one was harmed. The defendant worker was liable because he was in control of the workplace and failed to direct the contractor away from parking and extending the crane under the powerlines.

At sentence, the prosecution emphasised the need for general deterrence and the dangerous nature of the conduct in the context of high-voltage powerlines. On the defendant’s behalf it was emphasised that the offending was to the lower end of seriousness because the omission by the defendant was a momentary lapse in judgment.

Magistrate Shearer found the culpability of the defendant to be towards the lower end, and noted his good character, lack of criminal history or compliance history. His Honour emphasised the need for general deterrence especially in light of the fact that the offending could have had grave consequences.

The defendant was ordered to pay a fine of $10,000 with no conviction recorded.

OWHSP contact: enquiries@owhsp.qld.gov.au