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Introduction
JD Finlay Electrical, an Adelaide-based company, has been fined $300,000 after a tragic incident where a worker suffocated to death while trapped in an electrical pit.
Details of the Incident
In June 2022, the worker was engaged in pulling electrical cables through conduit pipes into a pit when he became fatally trapped. The pit, measuring 1240mm, was partially obstructed by an electrical distribution board, complicating access and escape. During the task, the worker, lying prone to reach into the pit, became unable to free himself, leading to positional asphyxiation—a condition where the body’s position prevents adequate breathing.
Legal Proceedings and Court Findings
The South Australian Employment Tribunal heard that the absence of a trained supervisor and lack of a prior risk assessment significantly contributed to the incident. The court emphasized that the risks associated with the task, including the potential for the worker to slip headfirst into the pit, were foreseeable and should have been mitigated by JD Finlay Electrical.
Company’s Response and Sentencing
Following the worker’s death, JD Finlay Electrical demonstrated genuine contrition and made substantial improvements to their safety protocols. Despite this, the tribunal stressed the need for more rigorous safety measures and proper risk assessments in non-standard work environments. The company was penalized for failing to ensure a safe working environment under the Work Health and Safety Act 2012.