Southern Adelaide electrical company has been fined $300,000 after a worker died when he became trapped in a pit

On 20 November 2024, JD Finlay Electrical was sentenced in the South Australian Employment Court on 20 November. The employer was charged for a breach of section 32 of the Work Health and Safety Act 2012 following a SafeWork SA investigation. The charges related to a failure to take adequate steps to identify the hazard created by the work environment and to provide adequate training and safety documents in the performance of the task required to be undertaken.

It is the second significant SafeWorkSA prosecution in a week following the record $840,000 fine issued to Riverland manufacturing business on 15 November 2024.

The facts of this case

The worker was tasked with pulling electrical cables through conduit pipes which terminated within the pit on 1 June 2022. To do so, he laid on the ground and leaned into the pit to pull electrical cables through conduit pipes. As he attempted to extricate himself from the pit, he was unable to do so. The worker died at the scene of positional asphyxiation.
Work on the day of the incident involved a non-standard pit, access to which was partially obstructed by the presence of an electrical distribution board (EDB) above it.

The specific tasks to be performed had not been reviewed by a supervisor, and no risk assessment for the job had been conducted before the workers arrived at the site. Additionally, a trained supervisor was not present at the site when the incident occurred, and the pit cover had not been removed to evaluate the conditions beneath it.

Deputy President Judge Crawley acknowledged JD Finlay Electrical had shown genuine contrition and remorse and had addressed deficiencies in its systems since the fatality. He said the failure to undertake an appropriate risk assessment and the reliance upon a worker without appropriate training to identify and manage the risks for himself was a circumstance common to many cases.

‘Of critical significance to my mind was sending a work crew to undertake a job in a non-standard workplace without prior risk assessment or accompanied by someone trained in risk assessment,’ Judge Crawley said.

‘That a worker may lean at least partially into the pit should have been obvious. That a worker may then slip into the pit headfirst was a foreseeable risk. With a pit being 1240mm deep, the potential for serious injury was real.’

Key takeaways for employers

Incidents like this highlight the critical responsibility of business owners to thoroughly assess work activities for both existing and emerging hazards. They also underscore the severe penalties businesses may face if they fail to implement adequate measures to control those risks effectively.

In this case, there was a clear failure to identify the hazard posed by the work environment and to provide alternative methods for completing the task that would avoid requiring a worker to enter the pit under such conditions.

Remember you have a have a legal and ethical responsibility to identify and address workplace health and safety (WHS) hazards. To do so effectively, you should follow these key steps:

1. Conduct Thorough Risk Assessments

• Regularly inspect the workplace to identify potential hazards.

• Assess risks associated with tasks, equipment, and environments.

• Include both known and emerging hazards in evaluations.

2. Engage Workers in the Process

• Consult employees and involve them in identifying hazards.

• Encourage open communication to report unsafe conditions or practices.

3. Implement Controls for Identified Hazards

• Apply the hierarchy of controls to address hazards, prioritizing elimination or substitution over less effective measures like personal protective equipment (PPE).

• Develop alternative methods for high-risk tasks.

4. Provide Training and Supervision

• Train workers on hazard recognition and safe work practices.

• Ensure trained supervisors oversee high-risk activities.

5. Maintain and Update Safety Procedures

• Develop and enforce safe operating procedures.

• Regularly review and update policies to reflect new risks or changes in the work environment.

6. Monitor and Audit Workplace Safety

• Conduct regular safety audits and inspections.

• Use incident investigations and near-miss reports to identify areas for improvement.

7. Equip Workers with Proper Tools and PPE

• Provide the right equipment for the job and ensure it is maintained.

• Supply appropriate PPE when other control measures are insufficient.

By taking a proactive and systematic approach to WHS, employers can create a safer workplace, reduce the risk of incidents, and comply with legal obligations.