Six-Fold Fine Increase After Electric Shock Sentence Appeal

Court dramatically increases penalty

A Victorian civil construction company has had its fine increased six-fold after a successful appeal against an earlier court sentence relating to a serious workplace electric shock incident.

AAD Civil Constructions Pty Ltd was originally fined $15,000 without conviction in October 2025 after pleading guilty to failing to provide a safe system of work that would reduce or eliminate the risk of electric shock. Following an appeal, the Melbourne County Court set aside that sentence and imposed a $90,000 fine, recorded a conviction and ordered the company to pay more than $4,000 in costs.

What happened?

The incident occurred in March 2024 during construction works on a housing estate in Pakenham.

Workers were digging a bore shaft beneath overhead power lines when a pipe layer used a seven-metre aluminium measuring pole to check the depth of the excavation. The court heard the pole either touched the power lines or came close enough to cause an electrical arc flash.

The consequences were devastating.

The worker:

• Lost consciousness
• Suffered significant burns
• Required skin grafts to both feet
• Underwent a toe amputation
• Had tendons surgically removed due to the injuries

The injuries were life-changing and entirely preventable.

A known hazard with known controls

The court heard that WorkSafe had previously provided guidance to the company about working safely around overhead power lines and complying with no-go zones. Despite this, adequate controls were not in place.

AAD Civil Constructions admitted it was reasonably practicable to ensure workers maintained a three-metre exclusion zone between power lines and any handheld objects.

This was not a new or emerging risk. Working around live electrical infrastructure has long been recognised as one of the most serious hazards in construction.

Why this case matters

The appeal outcome sends a strong message that courts are prepared to impose tougher penalties when employers fail to manage well-known risks.

WorkSafe’s Chief Health and Safety Officer, Sam Jenkin, noted that electricity can arc through the air and cause serious injury even when equipment does not physically touch power lines. Conductive tools, machinery and metal equipment can all become deadly when used too close to live electrical assets.

For construction businesses, this case is a reminder that electrical hazards require planning before work begins, not after an incident occurs.

Preventing power line incidents

WorkSafe recommends employers and contractors:

• Identify all overhead power lines before work starts
• Follow no-go zone requirements
• Use spotters where required
• Keep loading and unloading areas away from power lines
• Install warning signage and visual indicators
• Consider the height of vehicles, machinery and equipment
• Train workers on site-specific electrical hazards
• Monitor weather conditions, as power lines can sag or sway
• Consider engineering controls such as power line detection systems when regularly working nearby

The bigger picture

Electricity remains one of the most unforgiving workplace hazards. A single mistake can result in severe burns, permanent disability or death.

This case highlights that compliance is not just about avoiding fines. It’s about ensuring workers go home safely at the end of the day.

The six-fold increase in penalties also shows that courts are taking a harder stance where employers fail to control obvious and well-understood risks.

TL;DR

• AAD Civil Constructions had its fine increased from $15,000 to $90,000 following an appeal.
• A worker suffered life-changing injuries after a seven-metre aluminium pole came into contact with or too close to overhead power lines.
• The worker suffered burns, lost consciousness and later required a toe amputation and skin grafts.
• The company admitted it was reasonably practicable to maintain a three-metre exclusion zone around the power lines.
• The case reinforces the importance of planning, training and strict controls when working near live electrical infrastructure.

Source: WorkSafe Victoria, “Six-fold fine increase after electric shock sentence appeal”, 29 May 2026