On 21 October 2024, a precast concrete manufacturer was sentenced in the Toowoomba Magistrates Court for breaching sections 33 and 38 of the Work Health and Safety Act 2011, having failed to comply with its primary health and safety duty, and failing to comply with its reporting obligations.

The defendant company produced precast concrete elements and employed at least 30 workers. The defendant subcontracted the transport of the concrete elements to an external provider. The loading area was in the rear yard of the workplace and was not physically marked, nor did it have a designated exclusion zone. The loading area was adjacent to the ‘toaster rack’ of completed concrete panels.

The defendant’s Safe Work Method Statement (SWMS) included the control measures to:

• Stand clear when elements are being loaded onto the trailer;
• Exclusion zone for travel paths; and
• When pushing secure chains to call out “coming over”

On 27 April 2022, a concrete panel was being loaded onto an A-Frame trailer owned and driven by the contracted transport provider. A worker for the defendant operated the gantry crane to load the panel. Another of the defendant’s workers walked through the loading area and alerted the crane operator to the panel being loaded unevenly. He was given a rubber chock to place under the panel. The worker remained next to the trailer until the panel was loaded. Once loaded, the truck driver pushed the securing chain over the panel which struck the worker in the head. The truck driver admitted he did not call out “chain coming over” when he pushed the securing chain, and knew this was contrary to the SWMS.

During the Work Health and Safety (WHS) investigation, workers of the defendant said they were not aware of any SWMS for the activity of loading concrete panels, and that it was not uncommon for workers to walk through the active loading area while concrete panels were being loaded.

The defendant was sentenced on the basis that it breached its duty by its failure to have a marked exclusion zone, its failure to train its workers on the SWMS, ensure that it was complied with, and further to the extent that workers were directed to cease work if the SWMS was not being adhered to.

During the investigation, investigators were made aware of a separate incident that occurred on 16 February 2023, where a worker’s finger was crushed at work and required surgery. The defendant failed to notify the Regulator about that incident. When it came to WHS’ knowledge the company’s Director could offer no reason why the Regulator was not notified but then tried to reason that the incident was not reportable.

In imposing a sentence Magistrate Morice took into account that the defendant was a good corporate citizen, the early plea of guilty, lack of criminal history, and clear demonstration of remorse and rehabilitation. Her Honour also acknowledged the defendant’s positive support of the injured worker, and the significant post-incident measures.

Her Honour had regard to the obvious risk of loading concrete panels, and the simple measures the defendant could have taken to ensure the safety of all its workers, not just its contractors, and not relying on “common sense”.

Her Honour considered a global penalty of $30,000 was appropriate, imposing a fine of $26,000 for the Category 3 offence, and $4,000 for the offence contrary to section 38. Her Honour did not record convictions for either offence.

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