On 8 October 2025, a concrete manufacturer was sentenced in the Beaudesert Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with its primary health and safety duty.

The defendant conducted a concrete manufacturing business at Bromelton, Queensland. Within a shed at the workplace, there were two overhead gantry cranes that travelled along floor-mounted rails and which were operated by remote control.

A barrier that had once prevented workers accessing the rail lines had fallen off years earlier and was not replaced. That left a hazard that workers were able to access the rails along which the cranes travelled. In addition, large concrete bridge beams were often stored close to the crane rails due to lack of space.

Although the defendant had a Job Safety Analysis which identified the risks associated with crane operation, it was not effectively implemented, and workers were not adequately trained or supervised in accordance with that document.

On 24 February 2023, the injured worker was repairing a concrete beam near the rail line when a crane struck a ladder and pushed it into the injured worker, pinning his legs. An internal investigation identified measures such as toolbox talks, training in spatial awareness and installation of barriers. While a toolbox talk was later conducted, no barriers were installed.

On 18 October 2023, the injured worker was again working close to the rail line, standing on the track and using a jackhammer, when he was struck by a crane. The crane operator could not see the injured worker due to an obstructing beam. The crane’s wheel ran over the injured worker’s left foot, causing a crush injury, traumatic fracture dislocation and degloving. His left leg was amputated below the knee the following day, and he underwent four further surgeries before being discharged from hospital about a month later.

Reasonably practicable control measures that the defendant should have implemented to eliminate or minimise the risk include installing barriers and enforcing its own safety analysis through training, supervision and compliance audits.

In sentencing, Magistrate Mossop took into account the early plea of guilty and accepted that the plea of guilty was a demonstration of remorse for the offending and acceptance of responsibility.

Taking into account all matters, Her Honour imposed a fine of $110,000. Her Honour exercised her discretion to not record a conviction.

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