In convicting Rail Infrastructure Corporation, Justice Francis Backman said that the risk of cranes coming into contact with powerlines was identified by a number of employees, both before work began and on the day of the fatal incident.

Justice Backman said this evidence elevated RailCorp’s failure to ensure the health and safety of its workers “into the category of extremely serious”.

RailCorp was fined $275,000 with a moiety of the fine awarded to the prosecutor, WorkCover NSW.

On 26 February 2003 the dogman was directing a crane driver in placing a steel reinforcement cage into a hole at track level as part of a new concrete overbridge at Wilson Parade.

After the steel cage had been placed the dogman directed the crane driver to slowly winch up the hook and connecting chain.

The dogman, who was either holding the hook or the chain, was electrocuted when the crane jib touched the 11,000 volt overhead powerlines.

Victim impact statements made by the deceased worker’s wife and daughter were read to the court.

Justice Backman said RailCorp’s previous convictions and its late guilty plea to the charge brought under section 8(2) of the Occupational Health & Safety Act 2000 were taken into account when determining the fine.

WorkCover CEO Jon Blackwell said: “It is clear that a number of warnings had been issued by supervisors and other employees of the risk presented by the presence of the overhead powerlines.

“These warnings were given both verbally and in writing in the days leading up to the work and reiterated on the day of the work being performed.

“Tragically, insufficient attention was paid to addressing how the risk could have been eliminated or minimised.  Following this incident RailCorp has instituted new safety procedures governing work near powerlines,” said Mr Blackwell.

WorkCover Media contact: John Kirby or Wendy McKenzie  (02) 4321 5474 or 0413 186 799