RailCorp aware of risk before worker died

A NSW Industrial Court judge has found that the risk to RailCorp workers from overhead powerlines, which killed a dogman at Heathcote in 2003, was “not only obvious, but foreseen”.

In convicting Rail Infrastructure Corporation, Justice Francis Backman said that the risk of cranes touching 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 RailCorps’ 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 was in place, 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.

RailCorp’s previous convictions and its late guilty plea to the charge were considered when determining the fine.

“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,” said WorkCover CEO, Jon Blackwell.

“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,” he said.