Otago firm fined over near-fatal jolt

A work accident in which a man received severe electrical burns when metal spouting hit 11,000 volt power lines at a Palmerston property a year ago has resulted in fines totalling $41,000 against his employer and a subcontractor.

Otago Continuous Spouting (2007) Ltd was fined $36,000, in the Dunedin District Court yesterday and self-employed contractor Richard Geoffrey Williams $5000.

As well as fining the defendants, Judge Stephen Coyle ordered OCS to pay $15,000 emotional harm reparation to Tony James Robinson, and Mr Williams to pay $10,000.

The company and Mr Williams were also ordered to pay, as agreed, $650 each of $1300 reparation for damage to property.

Both defendants had admitted breaching the Health and Safety in Employment Act by failing to take all practicable steps to ensure OCS employee Mr Robinson was not exposed to the hazard of overhead power lines in his place of work at Palmerston on February 10 last year.

The charge resulted from injury to Mr Robinson while he was working at a house in Stronsa St, Palmerston, removing old metal spouting.

He was employed by OCS but was providing labour for Mr Williams, a self-employed contractor for OCS.

Mr Williams and Mr Robinson had been working in the Oamaru area and arrived at the Stronsa St house about 6.30pm.

They discussed certain objects which could be hazardous and Mr Williams filled in a hazard identification form, listing nearby street power lines as a hazard.

But he did not discuss that hazard with Mr Robinson, who failed to notice the lines.

When they were about three-quarters of the way through removing the spouting, Mr Williams got down from the scaffold to start stacking the spouting already removed.

Soon afterwards, Mr Robinson turned a length of spouting towards the power lines before dropping it to the ground.

The spouting came into contact with the 11,000 volt lines at the front of the property, resulting in a large explosion knocking Mr Robinson to the scaffold.

Mr Williams used a piece of wood to knock the spouting clear of the power lines then went to help Mr Robinson, who sustained severe electrical burns to hands and hip.

Labour Department prosecutor Phil McCarthy put the emotional harm reparation at $30,000, given the matters set out in Mr Robinson's victim impact statement.

And he said the key factor influencing the level of fine was culpability.

OCS had a duty to identify and communicate any hazards to its employees and the failure to identify the obvious hazard of overhead power lines was a key failure.