The appellant, a constructor, appealed its convictions under the Occupational Health and Safety Act arising from a workplace fatality where a subcontractor's employee was electrocuted after a hydrovac boom contacted an energized overhead wire.
The appellant argued the trial court made palpable and overriding errors in finding the actus reus was proven and in rejecting its due diligence defence.
The appeal court dismissed the appeal, finding the trial court reasonably concluded that the boom entered the restricted envelope, no signaller was designated, the crew was not informed of the unusually low height of the wires, and the appellant's lack of active supervision and monitoring fell short of due diligence.
