On 29 July 2024, a worker was sentenced in the Toowoomba 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 employed as a concrete placing boom operator for a concrete pumping company at the relevant time.

On the 10th December 2021 the defendant was tasked to operate the concrete placing boom at a property in Toowoomba. The defendant set up his truck, which had a mounted concrete placing boom, in close proximity to an electrical substation. The defendant conducted a concrete pour when one of the vehicles stabiliser legs sunk into the ground causing the concrete placing boom to tip over and strike another worker causing him serious injuries. The worker sustained a fracture to his spine and multiple cuts and lacerations.

Of relevance was an incident which occurred approximately 4 months earlier where the defendant was involved in a related incident whereby, he positioned a concrete placing boom over a utility ditch. On that occasion one of the stabilisers sank into the utility ditch and caused the CPB to lose balance. Fortunately, the defendant was able to manoeuvre the boom back into place and no one was injured during that incident.

Magistrate Ryan acknowledged the facts of the offending and the signs of remorse from the defendant reflected by his early plea of guilty. Her Honour also noted the defendant’s cooperation with the investigation and his full admissions.

Her Honour took into the account the related incident and noted its effect on the defendant’s culpability with respect to this matter. Her Honour noted that general deterrence was an important consideration.

Her Honour ordered that the defendant be fined $12,250 and no conviction be recorded. Costs of $851.40 were ordered. The fine was referred to SPER.

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