The Court convicted Segcon Constructions of a category 2 WHS offence under s 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its primary duty of care, resulting in a worker's exposure to electrocution risk from overhead powerlines during piling works. The Court assessed objective seriousness as above mid-range, finding that while Segcon's moral culpability was moderated by its reasonable reliance on a specialist subcontractor's expertise, this was offset by Segcon's failure to act on clear warning signs including workers lacking high risk work licences, an inadequate SWMS that did not address overhead powerline risks, and absence of basic safety measures such as exclusion zone demarcation and spotters. A fine of $300,000 was imposed (reduced from $400,000 by a 25% discount for the guilty plea entered shortly before trial).
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