On 26 August 2024, a worker was sentenced in the Toowoomba Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’). The defendant worker failed to take reasonable care that his acts or omissions did not adversely affect the health and safety of other persons, and the failure exposed individuals to a risk of death or serious injury.

The defendant was a truck driver employed by a crane hire company, having commenced employment on 3 September 2018. On 27 April 2022 the defendant was tasked with collecting and transporting concrete elements from a workplace in Harristown. The defendant attended the workplace and parked his A-Frame trailer in the rear yard of the site while another worker operated a gantry crane to lift a precast concrete panel onto the trailer.

A further worker observed the panel being loaded was uneven and remained next to the trailer to act as a spotter. The concrete panel was lowered onto the trailer. While the lifting chains were still attached, the defendant pushed a securing chain over the top of the concrete panel which struck a worker in the side of the head, rendering him unconscious for at least one minute. 

The defendant failed to call out “chain coming over” when he pushed the chain over the panel, as required by the safe work method statement implemented by his employer. The securing chain had an approximate weight of 10 kilograms.

An ambulance attended and transported the injured worker to St Vincent’s Private Hospital. Due to the severity of his injuries, he was then transported to Greenslopes Hospital. The worker was found to sustain the following injuries:

• a depressed left parietal skull fracture with underlying diffuse traumatic cortical subarachnoid haemorrhage; and
• mild brain swelling, with a subtle midline shift of 3mm to the right.

The injured worker underwent a temporo-parietal craniotomy and was discharged on 8 May 2022. He returned to work 12 weeks after the incident. 

The defendant participated in a voluntary interview with WHSQ and admitted to pushing the securing chain over the concrete panel without calling out “chain coming over”.  The defendant expressed remorse for his actions and adapted his practices since the incident to ensure he receives positive communication from other workers in the area during loading.

A/Magistrate Ryan, in sentencing the defendant, had regard to the defendant’s early plea of guilty and reduced the penalty that otherwise would have been imposed.

Her Honour had regard to the purposes of sentencing the defendant and considered that the weight of authority supports general deterrence and community denunciation as being the primary sentencing considerations in matters of this nature.

Her Honour took into account the defendant’s prior good character, lack of criminal history, and strong work history. Her Honour noted that the defendant cooperated fully with investigators by participating in an interview and by making admissions. Her Honour noted that the defendant expressed considerable remorse following the incident and had donated to a fund to support the injured worker. Her Honour also had regard to the defendant’s youth at the time of offending (21 years of age).

Having regard to all matters, as well as the comparable decisions referred to by the parties, A/Magistrate Ryan convicted and fined the defendant $5,000 and exercised her discretion not to record a conviction.

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