On 8 August 2024, a worker was sentenced in the Brisbane Magistrates Court for breaching section 28 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with his primary duty. The defendant was the owner and director of a crane hire company. He was employed as carne operator for the company at the relevant time.

On the 23rd February 2023 the defendant was tasked to operate the crane at a business premises in Windsor. The work to be conducted at the premises involved lifting an old air conditioning unit from the roof of the building and replacing it with a new one. At the relevant time one of the defendant’s employees was working as a dogger on the front of the crane. As the defendant was setting up the crane the main hoist rope failed, causing the main hook block to fall and strike the worker on his head, knocking him to the ground. The worker suffered serious injuries including bleeding to the brain, and fractures to the base of his skull and right foot.

It was alleged that the defendant failed to ensure that the necessary safety mechanism of the crane was operating correctly, and further, he failed to ensure that a worker in the area was wearing appropriate personal protective equipment, ie. a hard hat.

Magistrate Saggers acknowledged the facts of the offending and the signs of remorse from the defendant reflected by his plea of guilty. His Honour also noted the defendant’s cooperation with the investigation and his full admissions, as well as the post-incident steps.

His Honour noted the fair submissions of the prosecutor and accepted the range put before him. His Honour noted the extra steps of installing the alarm by the defendant was a significant step and gave him credit for that.

His Honour summarized the cases put before him, and noted the distinctions of each. His Honour referred to the defendant’s extensive, but very dated criminal history. His Honour accepted that the defendant has financial commitments that a fine will affect.

His Honour ordered that the defendant be fined $11,000 and no conviction be recorded. Costs of $1601.40 were ordered. The fine was referred to SPER.

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

Court Report

General
Industry
Construction
Date of offence
Injury
Fracture to skull and foot
Court
Brisbane Magistrates Court
Magistrate or judge
Magistrate Saggers
Decision date
Company
Legislation

Section 28(b) of the Work Health and Safety Act 2011

Plea
Guilty
Penalty
$11,000
Maximum fine available
$150,000
Professional and legal costs
$1,500
Court costs
$101.40
In default period
N/A
Time to pay
Referred to SPER
Conviction recorded
No