Ergon Energy fined $300,000 for Lake Mary Pines farm electrocution
Cody Smith’s loved ones and co-workers were in court to hear a magistrate decide Ergon Energy would be fined for its role in their electrocutions.
Police & Courts
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Ergon Energy has been ordered to pay a $300,000 fine in relation to the electrocution of several people and the death of one at a Capricorn Coast pineapple farm two years ago.
Cody Smith, 25, died after a harvester struck power lines at Lake Mary Pines on Ingrey Road, Bungundarra, on July 14, 2021.
Five other workers were electrocuted and taken to hospital.
Colin Martin Stevens, Nathan Luke Stevens and Ergon Energy Corporation Limited were charged over the incident.
All three have been charged with one count of failing to comply with a Category 2 electrical safety duty – expose an individual to a risk of death, or serious injury, or illness.
Ergon’s solicitor Mr Murdoch entered a guilty plea on behalf of the company on October 20, with Magistrate Philippa Beckinsale hearing what happened that day and the impact it has had on Mr Smith’s family, the workers electrocuted, the workers who were at the scene but not injured, and the domino impacts on their families.
Work Health and Safety prosecutor Sophie Harburg said a number of workers at Lake Mary Pines in Bungundarra were using a harvester to pick pineapples on July 14, 2021 in a field spanned by an overhead power line.
Ms Harburg said the power line ordinarily sat about 7.8m above the ground, but on July 14, 2021 the power line sat about 4.52m.
She said the top of the harvester sat about 4.36m high and that it either contacted or came very close to the overhead power line and workers Nathan Stevens, Joshua Fritz, Simone Ronchi, Ian Page and Raymond Sheriff received electric shocks and were taken to hospital.
She said Cody Smith, 25, was electrocuted and died.
Ms Harburg said investigations identified the power line dropped in height due to a broken stay wire attaching to the pole, which was seen to be on a slight lean on July 14, 2021.
“One of the two stay wires attaching to this pole had corroded over time and had broken,” she said.
“The precise date when that stay wire broke is not known.
“The worst of that corrosion had occurred underneath a stay guard which is sheath that attaches over the top of the stay wire.”
Ms Harburg said prior to the incident on September 10, 2020 the pole had been inspected by an asset inspector on behalf of Ergon Energy and corrosion on the stay wire attaching to the pole was noted.
“No structural defects were recorded, only surface rust,” she said.
“There is no issue with that inspection and that result in accordance with the policy that was in effect at that time.
“The issue is that inspection process did not require an inspection of the stay wire underneath the stay guard.”
Ms Harburg said Ergon Energy could have rendered the power line electrically safe by ensuring the routine visual inspection of the entire length of the stay wires, including the portion obscured by the guard.
“That wasn’t done,” she said.
“That was in contravention of the defendant’s duty and that failure exposed the farm workers to a risk of death or serious injury.”
Mr Murdoch said his client extended its deepest sympathies to Mr Smith’s family and to the other workers who were injured or who witnessed the incident.
The court heard after the incident at Lake Mary Pines Ergon Energy had implemented routine inspections of stay wires under stay guards when inspecting poles.
Mr Murdoch said his client was also taking active steps to bring to the attention of the farmers the risks and what they should be doing to manage risks.
It was also heard in court two days prior to the incident on July 12, 2021 workers at Lake Mary Pines were working underneath the power line in a different area of the pineapple field and allegedly saw the power line was in proximity to the harvester.
Mr Murdoch said no notification had been given to his client and that had his client been notified the matter, they would have been remedied swiftly.
Ms Beckinsale had adjourned the matter part heard and handed down her decision this afternoon, with Mr Smith’s family and co-worker/friend listening.
She said she had taken into account Ergon’s early plea and steps taken to avoid this happening again.
Ms Beckinsale ordered Ergon pay the $300,000 fine within 14 days, along with costs of $1,500 and $101.40.
A conviction was not recorded.
Colin and Nathan Stevens are taking their matters to trial, scheduled to start on October 31, 2023.
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