Australia | Telco company and director fined $545,000 over gas leak injury

The court heard that instead of notifying the gas company and emergency services, Felice repeatedly 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.