2 days ago
Death of Adam Pasek leads to fines for Melbourne elevator companies
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The owner of two Melbourne elevator companies has been fined nearly $1m over safety failures that led to the death of his son.
Adam Pasek, 21, a fourth-year electrical apprentice, was killed when he changed a circuit board on a switchboard without isolating the power while repairing a car lift at a West Melbourne apartment complex in March 2021.
His father, Johan Pasek, was the sole director of Nordic Elevators (NE) and a co-director of Nordic Elevator Services (NES), which were on Friday fined a combined $937,000 after pleading guilty to multiple WorkSafe breaches.
Supreme Court Justice James Gorton detailed the failures that led to Adam's tragic death, including how a software system called 'trade cloud' which assigned repair jobs did not distinguish between tasks requiring electrical expertise and those that did not.
This led to unqualified persons, including Adam, being permitted to carry out electrical work despite not being licenced.
'The reality of the situation, I am satisfied, was that NES, in practice, left it up to the individual workers to decide whether they felt comfortable to perform the work allocated to them,' the judge said.
While the companies had documentation stating that only qualified technicians were to carry out electrical work, those directions were not enforced.
On the day of the incident, the job had initially been allocated to another unqualified worker, who was unavailable and suggested Adam take his place.
That worker instructed Adam not to touch anything electrical.
But Adam, who was working alone, proceeded to replace a power unit without isolating the control panel, resulting in his electrocution.
His body was later found by his father after he failed to return to work or answer calls.
Justice Gorton said Nordic employees had previously raised concerns about a lack of qualifications and risk of electrical shocks on poorly installed elevators.
'These concerns went unheeded,' he said.
'The risk of unqualified persons undertaking electrical work that should only be performed by an electrician is obvious.'
The judge noted the 'profound effect' the tragedy had upon Adam's father, including a diagnosis of post-traumatic stress order and a major depressive disorder.
'He suffers from intense grief and guilt and somatic symptoms such as tremors and agitation,' he said.
Justice Gorton accepted Johan was genuinely remorseful and it was tempting to believe a financial penalty served little purpose given the suffering he had already endured.
But he said a clear message needed to be sent to other employers about the importance of workplace safety and that failure to eliminate or mitigate risks would result in significant punishment.
He imposed a total fine of $937,000 on both companies with conviction.
