PCBU fined $360,000 for Breach of NSW WHS Act

The Industrial Court of NSW has ordered a fine of $360,000 and further costs of $37,500 after convicting a PCBU of a section 32 offence of the WHS Act.

The Hoist

In April 2023, a fitter was converting a RX274 Raxtar Vertical Hoist from a trailing cable system to being busbar-powered on a construction site in Macquarie Park. The hoist was connected to a three-phase 415V power supply.

Over two shifts prior to the incident, an electrician was converting the hoist. The busbar was installed in short sections whilst the hoist was isolated. Due to existing damage in the trailing cable, the hoist had to be energised and driven upwards as each section of the busbar was installed. There was no insulated cap on the busbar during its installation.

One the day of the incident, the electrician was on leave. He phoned the fitter on how to complete the conversion.

Method of Work

The fitter arranged for a carpenter on site to assist with the conversion. They agreed to the following method of work:

➡️ The fitter would stand atop of the trolley of the hoist

➡️ As the hoist was de-energised, the fitter would set a segment of the busbar against the mast of the hoist and bolt it into place

➡️ The fitter would then shout to the carpenter to energise the hoist

➡️ Using a remote control, the fitter would then operate the hoist upwards to the next increment of the mast whilst standing next to an unprotected and energised busbar

➡️ Once reaching the required level, the fitter would shout to the carpenter to de-energise the hoist

➡️ The above process was repeated two/three times prior to the incident

Incident

The fitter has used the remote control to elevate the hoist. This placed him approximately eight to ten metres above the carpenter. During the movement and whilst facing the mast, his foot has slipped off of the rail. He has reached out with his left hand, which has contacted the energised busbar and rendered him unconscious. The carpenter looked up, de-energised the hoist and called for assistance.

Injuries

The fitter was hospitalised for seven days for suffering serious burns to his left hand. His injuries required his ring finger to be amputated and three fingers underwent skin debridement and grafting procedures from his thigh. Four months of recovery was required.

Findings

➡️ No worker possessed electrical licensing

➡️ No lockout/tagging system implemented

➡️ No insulated caps, gloves or insulated mats were provided

➡️ The fitter’s boots were ‘caked with mud’

➡️ The SWMS lacked details regarding the installation of busbars

➡️ No procedure on converting trailing cable hoists to busbars or risk assessments compiled

➡️A document with visual instructions for installing a busbar was reviewed, however, it was branded with company details that had no connection to the works

➡️ Under the WHSMP, contractors were required to provide evidence of an isolation system. A site-specific WHSMP was also required. This did not occur.

Case note: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWIC/2026/23.html?context=1;query=%22work%20health%20and%20safety%22%20%20%20%20;mask_path=