$90K fine follows electric shock sentence appeal

A Melbourne civil construction company has been convicted and had its fine increased sixfold after appealing a penalty for an electric shock incident on one of its worksites.

The company, AAD Civil Constructions Pty Ltd, had initially been fined $15,000 in October 2025, without conviction, in the Dandenong Magistrates’ Court, after pleading guilty to a single charge of failing to provide a system of work that would reduce or eliminate the risk of electric shock.

However, following the appeal, the Melbourne County Court set aside the original sentence on 22 May 2026 — convicting the company and ordering it to pay a $90,000 fine and $4064 in costs.

The incident occurred in March 2024, when AAD Civil Constructions workers were digging a bore shaft beneath overhead powerlines as part of construction works on a Pakenham housing estate.

The court heard that a worker measuring the depth of the shaft lifted a seven-metre aluminium pole over his shoulder, either touching the lines or getting close enough to cause an arc flash. He suffered an electric shock resulting in lost consciousness, significant burns requiring skin grafts to his feet, a toe amputation and removal of tendons.

The court heard that WorkSafe Victoria had previously provided guidance to the company on the risks associated with no-go zones and working around powerlines.

AAD Civil Constructions admitted it was reasonably practicable to ensure workers adhered to a three-metre exclusion zone between overhead power lines and any handheld objects.

WorkSafe Chief Health and Safety Officer Sam Jenkin emphasised that working close to powerlines was a known hazard with potential to cause serious injury or death.

“Before any work on a site with live powerlines it’s critical to identify hazards and eliminate or control all of the risks, including risks to workers using tools capable of conducting electricity,” he said.

“Electric shock can happen even if equipment doesn’t actually touch the powerlines — as electricity can arc to nearby vehicles, machinery, or even equipment such as poles or conductive tools.”

More recently, WorkSafe has launched an investigation into the death by electrocution of a 34-year-old man at a worksite in Laverton North on 1 June. It is understood the worker was servicing a scissor lift when it made contact with high-voltage overhead powerlines about 1:50 pm.

View WorkSafe’s ‘Look up and live’ campaign for more information about powerline safety.

Image credit: iStock.com/jax10289. Image used for illustrative purposes only.