The District Court has recently sentenced an electrician to 8 months home detention after he failed to comply with his obligations under the law. This created significant health and safety concerns for WorkSafe.

The electrician was employed to install a socket outlet and rangehood in a residential property. After completing this work, another person began work on the rangehood and suffered a fatal electric shock.

It was later found that the socket installed by the electrician was missing an earthing connection and that the electrician had failed to carry out the correct testing to identify this. WorkSafe later brought a claim against the electrician for his failures.

The District Court Judge previously found the electrician guilty of the charge against him. This was whether the electrician had failed to comply with his obligations, “knowing that the failure…was reasonably likely to cause serious harm to any person or significant property damage, and failed to prevent so far as reasonably practicable serious harm or significant property damage.”

The Judge concluded that the electrician had failed to correctly test his electrical work. This was required by the Electricity (Safety) Regulations 2010. The Judge also concluded that the electrician knew this was likely to cause serious harm or significant property damage.

It was reasonably practicable for the electrician to have:

  1.  Carried out a visual inspection of the circuit connections, switchboard and wall switch;
  2.  Tested the continuity of the earthing system;
  3.  Carried out an insulation resistance test;
  4.  Tested using a polarity test at the installed socket outlet; and
  5.  Carried out an earth fault loop impedance test.

These would have shown the electrician that the earth wire was acting as a live wire.

In sentencing the electrician, the Judge considered the seriousness of the case and the electrician’s failure to take full responsibility for his mistake. As a result, the Judge ordered that the electrician pay $150,000 in compensation for emotional harm.

The Judge set the remaining maximum sentence at 20 months’ imprisonment.

The Judge considered that the electrician had no previous convictions and had received positive character references. The electrician also had no rehabilitation needs and the Judge did not consider him a danger to the community. Therefore, the final sentence was set at 8 months home detention.

This case highlights how vital it is for professionals to know and understand their obligations, especially when working with potentially dangerous equipment. If you are confused about your obligations, it pays to seek advice from a professional with experience in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Alan Knowsley and Hunter Flanagan-Connors