On 16 June 2026, a small roofing company was sentenced in the Dalby Magistrates Court for breaching section 40C of the Electrical Safety Act 2002 (Qld) (‘the Act’), by failing to comply with its primary electrical safety duty.

The defendant was engaged as a subcontractor to do the roofing work at a residential construction at Rangers Bridge. A 12,700 volt single wire earth return line (‘SWER’) ran across the property. The house the defendant was to work on was built under the SWER line. The approximate height between the roof and the SWER line was 5.3 metres.

The principal contractor advised the defendant that Ergon Energy wanted to have a meeting before roofing works commenced. The meeting with Ergon Energy did not occur prior to the defendant being on site

On 14 December 2023, the defendant was on site for the first time, to install facia gutters and roof battens. While working on the roof, a worker pulled a 6.5 metre long metal roof batten from the ground, straight up and into the SWER line and received an electric shock. He fell backwards and hung from the roof with one leg. He suffered electrical burns to 15% of his total body surface area. As a result of his injuries, the worker has no function of his left hand, and a reduced range of motion and strength in his right calf, left shoulder, wrists and hands.

It was the homeowner who proactively sought advice from Ergon Energy. Even after the incident, it was the homeowner who paid for Ergon to deenergise the SWER line to prevent the exposure to risk when working on the roof.

The defendant’s liability was in its failure to eliminate or minimise the risk by not:

1. Obtaining safety advice from Ergon Energy prior to roofing work;
2. Conducting a risk assessment of working near the SWER line;
3. Drafting and implementing a safe working procedure for working near overhead powerlines;
4. Establishing and maintaining an exclusion zone; and
5. Conducting a site induction for its workers on the hazard of the SWER line.

Acting Magistrate Turra found the offence to be objectively serious, working under powerlines is clearly hazardous, the probability of the risk was real and the steps to eliminate or mitigate the risks were not complex or burdensome. His Honour accepted that the materialisation of the risk was an aggravating feature.

His Honour had regard for the need to impose a sentence that reflected the principles of general deterrence (less so specific deterrence) and denunciation. His Honour accepted the features in mitigation and reduced the sentence he would have otherwise imposed; that the defendant entered an early plea of guilty, has no criminal history, is of good character, demonstrated genuine remorse both in its care for the injured worker and completing further training courses. His Honour accepted the defendant held an honest belief that the SWER line was deenergised but that it was not reasonable in all the circumstances.

His Honour imposed a fine of $80,000 and exercised his discretion to not record a conviction.

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