WorkSafe inspectors bust building company for electrocution risk

A Melbourne-based building company was fined $65,000 for exposing workers to a risk of electrocution, even though no injury was sustained (WorkSafe Victoria v Willoworks Pty Ltd [2025]). As the principal contractor of the site, the building company, Willoworks Pty Ltd, was found to have breached section 26(1) of the Occupational Health and Safety Act 2004 (Vic) (OHS Act), which imposes a duty on “persons who manage or control workplaces” to ensure they are safe and without risks to health.

Willoworks had engaged a scaffolding company to provide and install scaffold at the worksite. In late January 2023, the scaffolding was erected in the vicinity of an energised service cable. Willoworks placed an orange bollard and sign over the cable, which read ‘Danger Live Power’ but otherwise the service cable remained both energised and in the vicinity of the scaffold until April 2023.

On 12 April 2023, a WorkSafe inspector attended the site and observed the metal scaffold erected within 100 millimetres of the live power service cable. The inspector determined there was an immediate or imminent risk of electrocution if contact was made with the scaffold, and directed all workers to leave the site. Later that day, the inspector received confirmation from Willoworks that the service cable had been disconnected.

Investigation

Willoworks’ safe work method statement for scaffold erection identified the risk of working near live electrical lines. The associated risk controls included:

identifying and ensuring electricity lines were isolated; and
following ‘No Go Zone Rules’.

Importantly, industry guidance material provided that scaffolding cannot be erected within 4.6 metres of the power source. This area forms the ‘No Go Zone’. If the scaffold needs to come within that 4.6 metres, assessment and discussion with the power distribution company is crucial to ensure safety before work proceeds. However, these controls were not implemented at the site.

Additionally, it was found that neither Willoworks nor any other contractor had sought to obtain a Permit to Work (PTW) from the relevant power distribution company, which are required to undertake any activity within a designated ‘No Go Zone’.

Sentencing

Willoworks pleaded guilty to its failures under the OHS Act, accepting that it should have completed the following steps before commencing work in the vicinity of the cable:

Obtained a PTW from the relevant power distribution company.
Ensured that any conditions (or ‘No Go Zone’ rules) detailed in the PTW were implemented.
De-energised or isolated the service cable.

Willoworks was convicted and fined $65,000 for its breaches, and ordered to pay the prosecutor’s costs of $4,210. Despite Willoworks appealing the amount of the penalty, the County Court reimposed the orders.

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