WorkSafe Victoria | A telecommunications infrastructure company and one of its directors have been convicted and fined a total of $545,000 after the asphyxiation of a worker who was attempting to repair a gas leak at Bentleigh East.
National Infrastructure Solutions Pty Ltd was sentenced ex-parte at Moorabbin Magistrates’ Court 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 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 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.
