Zapelli case could change laws
WORKSAFE will not appeal the $44,800 fine issued to a Bunbury electrical company for failings that led to the death of 18-year-old trades assistant Jayden Zappelli.
The decision has angered the family who urged the safety regulator to appeal the fine handed to JCW Electrical and electrician Dale Mortley, who both pleaded guilty to failing to maintain a safe working environment.
An investigation found the company and Mr Mortley made a number of failings when Jayden Zappelli died from electrocution while working in the roofspace of an East Bunbury home two years ago.
Worksafe WA Commissioner Lex McCulloch said he consulted the State Solicitor's Office before deciding not to appeal the decision.
"The fine was not inconsistent with sentencing standards," he said.
"If an appeal were to be undertaken, the appeal court would have to establish that the fine imposed was entirely outside the range of available fines, which this fine is not.
"Legal opinion is that the prospects of succeeding in an appeal would not be good."
In response, the man's father Greg Zappelli told the _South Western Times _the family accepted the decision not to appeal but did not agree with it.
"We can't but feel let down," he said.
"The system has let Jayden down, let us down and his mates down.
"Nobody can believe what the fine was."
Meanwhile, Commerce Minister and Attorney General Michael Mischin is still considering introducing a law that would force power to be disconnected before work began in a roof space.
Mr Mischin is understood to be considering introducing new legislation or changing regulations in response to the death of the Bunbury resident.
The minister met with the family on Friday and listened to Mr Zappelli's concerns about the regulations and laws that contributed to his son's death.
Mr Mischin has previously raised doubts about forcing all homeowners to install RCDs, an electrical safety device, because of the cost and the difficulty in policing it. The law states that all new homes built since 2009, and homes that are sold or rented must have at least two RCDs installed.
However, the family has argued this does not cover older homes, including the home Jayden Zappelli was working on when he died.
The family has sent the State Government four changes to the law including demanding RCDs or making workers disconnect power before working in a roof space.
They also want a maximum fine of $500,000 for people who breach the laws.
The Department of Commerce is considering the family's suggestions as part of a change in the law.
