On 15 October 2024, the defendant pleaded guilty to an offence pursuant to sections 28(b) and 32 of the Work Health and Safety Act 2011 (Qld) (the Act). The legal basis for the offending was that the defendant who was a worker, had a duty, while at work, to take reasonable care that his acts or omissions did not adversely affect the health and safety of other persons. The defendant failed to comply with that duty and the defendant’s failures exposed others to a risk of death or serious injury.

On Friday, 30 April 2021, the defendant, an experienced and trained crane operator, failed to safely operate a mobile crane. He failed to enter the correct data into the crane’s computer, and failed to lock physical pins into the crane’s outriggers. Second, he failed to safely plan his lift with the mobile crane because he did not use load charts. Third, he attempted to lift with the mobile crane in circumstances where he should not have attempted such a lift and could not have safely completed such a lift.

As a result of the defendant’s offending the crane that he operated fell onto three houses within a housing estate at Nirimba. There were five people present within those houses at the time of the offending (who were thereby exposed to a risk of serious injury or death).

Magistrate Benson considered the matter and ultimately imposed a $10,000.00 fine. Magistrate Benson also made an additional order pursuant to section 241 of the Act that the defendant complete, by 15 April 2025, the work health and safety training course “Conduct Hazard Analysis & Issue Work Permits” conducted by the Registered Training Organisation Dawsons Training, and that the defendant, by 25 April 2025, provide written evidence to the Office of the Work Health and Safety Prosecutor concerning the satisfactory completion of the course. Magistrate Benson did not record a conviction in respect of the offending. Magistrate Benson also ordered the defendant to pay $1,500 in legal costs (and the $101.40 filing fee).

In reaching that decision, Magistrate Benson had regard to the defendant’s antecedents, including his lack of prior convictions, early plea of guilty, admissions made to the offending during the investigation, the loss of his crane licence following the offending, his history of medical issues and his limited financial capacity to pay a fine (which was supported by material provided to the court by the defendant).

Magistrate Benson also considered that the offending was serious, notwithstanding that no person was actually injured due to the offending, and that the incident occurred because of the defendant’s failures.

Magistrate Benson also stated that the defendant should have known better given his experience and training and that he should not have attempted the lift in the circumstances.

OWHSP contact: enquiries@owhsp.qld.gov.au