On 25 July 2025 a concrete pumping company was convicted after a trial in the Southport Magistrates Court for breaching section 19(2) of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with its primary health and safety duty.

An incident occurred on 10 December 2021 whereby a concrete placing boom (CPB) operated by one of the defendant’s employees sunk into a utilities ditch, tipped over, and struck another worker during a concrete pour. The worker sustained serious injuries.

The defendant’s failures were that they had failed to adopt a safe system of work that could be followed by its workers to

•  set up away from underground electrical infrastructure, and
• operating the CPB when the ground conditions were suspect. They knew of the risk and failed to provide adequate information or training to mitigate the risk.

Her Honour noted that the defendant does not get the benefit of an early plea given they contested the matter at trial. For matters of this nature general deterrence is important. Her Honour noted the prior incident which occurred 4 months earlier, with the same operator was an aggravating feature. 

Her Honour noted the principles in Steward v Mac Plant Pty Ltd and Mac Farms Pty Ltd [2018] QDC 20 and indicated that the consequences of this matter could have been catastrophic, and the injuries to the worker were very serious. The relevant risk was obvious, identifiable and foreseeable. The control measures could have been easily implemented by the defendant.

Her Honour fined the defendant $85,000, and gave 3 months to pay, with no conviction recorded.

The defendant unsuccessfully appealed the verdict, within the Maroochydore District Court delivering its decision on 10 July 2026.

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