On 21 August 2024, a mine operator was sentenced in the Maryborough Magistrates Court for failing to discharge their obligations under section 31(e) of the Mining and Quarrying Safety and Health Act 1999 (‘the Act’), having failed to ensure the risk to workers at the mine was at an acceptable level pursuant to section 38(1)(a) of the Act.

The defendant was the operator of a quarry that processed, stockpiled and sold rock products, primarily for road construction. Rock was processed at two crushing plants with the quarry and mobile loaders would move the product onto trucks. When loaders or other mobile plant needed to be refuelled, a refuelling truck would drive to the location of the mobile plant. There was a risk that workers would interact with mobile plant in a way which would result in injury.

On 16 August 2022, a worker was crushed between the fuel truck and a loader when another worker reversed the fuel truck into him. The worker operating the loader did not sound his horn and did not check his surroundings before reversing the loader. The injured worker suffered significant injuries including a fractured lower back, crushed pelvis, nerve damage, vascular damage, and damage of his bowel.

The defendant company failed to reduce risk to workers to an acceptable level and ought to have implemented the following reasonably practicable hazard controls:

1. Implementing dedicated refuelling areas, where mobile plant could be parked in dedicated bays, which were protected by bund walls which separated workers from mobile plant during the refuelling task; and
2. Requiring mobile plant to be shut down, isolated and locked out while the refuelling task took place.

It was not alleged that the defendant’s failures caused the injuries to the injured worker.

In sentencing, Magistrate Milburn took into account the defendant’s early plea of guilty, the extensive training which was required of employees, the lack of prior criminal history, remedial action and cooperation given to the administration of justice.

His Honour noted that serious injury was foreseeable, denouncing the defendant’s conduct. The seriousness of the failure to adequately address safety issues was emphasized, and his Honour noted that the culpability of the employer as opposed to the workers was to be most relevant.

In light of these factors, his Honour ordered a fine of $65,000 and costs in the total amount of $9,258.71 comprising $1,500 in professional costs, $101.40 court fees and $7,657.31 to Resources Safety and Health Queensland, being the reasonable costs incurred in investigating and preparing for the prosecution. Payment was referred to SPER.  His Honour did not record a conviction.

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