Company, director fined $545,000 after gas leak injury

A telecommunications infrastructure company and one of its directors have been fined $545,000 over the asphyxiation of a worker attempting to repair a gas leak.

The incident occurred in January 2023 when two National Infrastructure Solutions Pty Ltd workers undertaking excavation works on a nature strip in Bentleigh East in Victoria struck an underground gas pipe.

Instead of notifying the gas company and emergency services, the court heard that National Infrastructure Solutions’ Co-director Robert Felice, 56, repeatedly directed the workers to continue digging and repair the pipe — aiming to avoid the need for an incident report.

In attempting to clamp the pipe, one of the workers entered the excavation several times, exiting with shortness of breath each time. The worker then entered the excavation for a final time headfirst, losing consciousness due to the inhalation of gas in the confined space.

The worker was dragged from the excavation by his colleague and transported to hospital for treatment of respiratory arrest, broken blood vessels in one eye and chest pains due to inhaling gas and resuscitation efforts. The worker was then further diagnosed with acute stress disorder from the incident.

National Infrastructure Solutions and Felice had engaged in reckless conduct that placed another person in danger of serious injury or death from asphyxiation caused by the gas leak, the court heard.

It was reasonably practicable, after the gas pipe was struck, for the company to have maintained a safe system of work that ensured:

• all work activities were ceased;
• contact to the owner of the gas pipe was made immediately — to stop the leak and conduct repairs;
• vehicles and members of the public were kept away, with the area barricaded; and
• workers were evacuated to a safe distance.
   

On Wednesday, 4 June, after being found guilty of two offences under the Occupational Health and Safety Act, National Infrastructure Solutions was sentenced ex-parte at Moorabbin Magistrates’ Court. The company was convicted and fined $250,000 for reckless conduct endangering persons at a workplace and $250,000 for failing to maintain a safe system of work, while also being ordered to pay $4210 in costs.

After pleading guilty to a single charge of reckless conduct endangering persons at a workplace, Felice was sentenced at Moorabbin Magistrates’ Court on Monday, 23 June. Felice was convicted and fined $45,000 and ordered to pay $4284 in costs.

“By avoiding the paperwork of reporting a gas leak, this company and director deliberately put its workers and the public at risk of serious injury and even death,” WorkSafe Victoria Executive Director Health and Safety Sam Jenkin said.

“There’s no excuse for an employer to expose workers to this kind of risk and WorkSafe will not hesitate to take action against employers who take shortcuts that gamble with people’s safety and wellbeing,” Jenkin said — noting that the case demonstrated the risks that workers can face when employers fail to follow incident protocols.

The ‘Guide to undertaking work near underground services’, which includes information on how to manage hazards and risks of working near underground services such as gas and water pipelines, electricity and telecommunications distribution cables, is available here, via the WorkSafe Victoria website.

Image credit: iStock.com/tedpagel. Stock image used is for illustrative purposes only.