Record fine for ceiling insulation fatality

Rockhampton company, Arrow Property Maintenance Pty Ltd, was fined $135,000 in the Rockhampton Industrial Magistrates Court in September.

The prosecution followed an extensive investigation into the death of a 16 year old male worker electrocuted while installing fibreglass insulation in the ceiling of the Stanwell home, west of Rockhampton, on 18 November 2009.

The company was fined $110,000 for an electrical safety breach, the highest imposed on a company for a breach of Queensland’s Electrical Safety Act causing the death of a worker. Arrow was also fined $25,000 for a workplace health and safety breach.

The company pleaded guilty to breaching section 27 of the Electrical Safety Act 2002 for failing to conduct its business or undertaking in a way that was electrically safe and section 24 of the Workplace Health and Safety Act 1995 (PDF, 766 KB) for failing to ensure its workers were protected from falls from height.

Industrial Magistrate Mr John McGrath noted that the company was derelict in its duty and sent a message to employers denouncing unsafe work practices. He said the world had moved beyond the unsafe practices of the Industrial Revolution.

Mr McGrath took into account that the company had shown remorse, entered a timely plea of guilty, cooperated with the investigation and had not been prosecuted previously for any occupational health and safety breach.

In addition to the fines, he ordered Arrow to pay legal fees, investigation costs and court costs totalling $14,794.90 and ordered convictions be recorded.
 
The court heard that in November 2009 Arrow Property Maintenance Pty Ltd carried on a general property maintenance business which included the installation of fibreglass insulation in domestic premises. Following the incident, the company ceased installing insulation.

A joint investigation was conducted into the fatal incident by inspectors from the Electrical Safety Office and Workplace Health and Safety Queensland, both part of the Department of Justice and Attorney-General.

The investigation found:

• A pre-existing defect was present in the ceiling cavity. A screw had penetrated a cable and caused parts of the house, including a ceiling batten, to be live. This defect was present for at least 10 years.
• Arrow Property Maintenance Pty Ltd allowed work to proceed without the house, or any parts, being isolated or de-energised.
• Only minimal induction or training was given to workers.
• There were no specific or documented procedures in place for installation of insulation.
• The deceased worker was permitted to use a conductive, aluminium pole to position or place insulation batts.
• No training was provided to workers in relation to first aid for electric shock.
• In addition to electrical issues facing the workers, they were positioned on the roof some 4.8 metres above the ground, without any form of fall protection.