National Infrastructure Solutions Pty Ltd, was sentenced ex-parte at Moorabbin Magistrates' Court on Wednesday 4 June after being found guilty of two offences under the Occupational Health and Safety Act.
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 $4,210 in costs.
Co-director Robert Felice, 56, was sentenced at Moorabbin Magistrates' Court on Monday 23 June after pleading guilty to a single charge of reckless conduct endangering persons at a workplace.
Felice was convicted and fined $45,000 and ordered to pay costs of $4,284.
In January 2023, two National Infrastructure Services workers struck an underground gas pipe while undertaking excavation works on a nature strip in Bentleigh East.
The court heard that instead of notifying the gas company and emergency services, Felice directed the workers to continue digging and repair the pipe, aiming to avoid the need for an incident report.
One of the workers entered the excavation several times attempting to clamp the pipe, each time exiting with shortness of breath. The worker entered the excavation a final time head first, but lost consciousness due to the inhalation of gas in the confined space.
After being dragged from the excavation by his colleague, the worker was transported to hospital for treatment of respiratory arrest, broken blood vessels in one eye, and chest pains due to inhaling gas and resuscitation efforts.
He was further diagnosed with acute stress disorder from the incident.
The court heard both 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.
It was reasonably practicable for the company to have maintained a safe system of work which ensured that, after the gas pipe was struck, all work activities were ceased; the owner of the gas pipe was contacted immediately to stop the leak and conduct repairs; the area was barricaded to keep vehicles and members of the public away; and the workers were evacuated to a safe distance.
WorkSafe Executive Director Health and Safety Sam Jenkin said the case demonstrated the risks that workers can face when employers fail to follow incident protocols.
"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," Mr 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."
To control the risks of leaks from damaged gas services, duty holders should:
- Ensure all work activities cease immediately.
- Immediately notify emergency services and the relevant gas company.
- Evacuate the area and shut down any machinery or equipment.
- Maintain an exclusion perimeter and ensure any instrument or equipment which may provide an ignition source is not used.
- Warn all other persons, including members of the public, to keep clear from the worksite and equipment.
- Ensure no one attempts to approach or re-enter or the area until the relevant authorities have determined the site is safe.
- Facilitate first aid treatment and seek medical aid as required.
