Adelaide home builder Zambo Group convicted, fined for hindering investigation into downed powerlines

An Adelaide home builder who failed to co-operate with a SafeWork SA investigation after one of its contractors brought down powerlines has been convicted and fined.

An Adelaide home builder has been convicted and fined after it hindered and delayed a SafeWork SA investigation into the downing of powerlines in Prospect.

Lockleys-based residential builder Zambo Group pleaded guilty in the South Australian Employment Tribunal to breaching a section of the Work Health and Safety Act by failing to comply with a written notice.

The tribunal found the Zambo Group’s director failed to co-operate with SafeWork SA by withholding information requested by the workplace health and safety regulator.

The company was hired to conduct building work at a Le Hunte Ave, Prospect property and had employed a contractor to carry out excavation and soil removal work.

SafeWork SA attended the site after it was informed the contractor had accidentally pulled down two overhead powerlines while working at the property on December 9, 2022.

An Adelaide building company has been convicted and fined after it hindered a SafeWork SA inquiry into downed powerlines.

A SafeWork SA inspector called the Zambo Group’s director three days later and left a message asking for a call back.

The director returned the call two days later and voluntarily agreed to provide SafeWork SA with an incident report.

The inspector then made numerous unsuccessful attempts to contact the director and obtain that report before issuing a written notice on January 18, 2023, requiring the company to produce an incident report as well as other documents and information.

The director then provided some information to SafeWork SA but not the documents requested.

Deputy President Stephen Lieschke found this was not an “inadvertent or mistaken failure to comply with the notice”.

“I find the director failed to co-operate with the inspector by withholding the requested information,” he wrote in his findings.

“The defendant’s failure to provide the formally requested information hindered and delayed SafeWork’s investigation of a very serious incident.

“These coercive investigatory powers, which do not transgress an individual person’s privilege against self-incrimination, are important tools for SafeWork to monitor and enforce compliance with the Act.”

Deputy President Lieschke recorded a conviction against the Zambo Group, fined it $7500 and ordered the company pay a Victims of Crime Levy of $262 and a contribution of $1210 towards SafeWork SA’s legal costs.

SafeWork SA executive director Glenn Farrell. Picture: NCA NewsWire / Kelly Barnes

SafeWork SA executive director Glenn Farrell warned companies and individuals that they must “fully comply with any notice that SafeWork SA issues”.

“Providing us with incident reports and other documentation or information that our inspectors seek is an important part of the investigation process when an incident occurs,” he said.

“We will not hesitate to prosecute for failing to comply”.