Severe safety oversights lead to Queensland pool company being fined $1.5 million after being convicted of manslaughter

The following is an abridgement of a court report originally published on the Office of the Work Health and Safety Prosecutor website.

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On June 14, 2024, an Australian pool company was fined $1.5 million and convicted of Industrial Manslaughter in the Brisbane District Court. This followed an incident on August 19, 2021, where a 42-year-old worker tragically died after being struck by a mobile crane.

The incident

The deceased worker, employed as a yard foreman, was acting as a dogger during operations involving a Franna 12 tonne mobile crane used to move fibreglass pools. The crane operator, despite warnings about his driving speed and a recent incident where he damaged a car, continued operating recklessly. During one operation, the crane struck the worker while moving a pool, leading to his fatal injuries.

Severe safety oversights

A subsequent investigation revealed severe safety oversights by the company. They lacked a traffic management system, safe work method statements for crane operations, exclusion zones, and adequate training for dogger duties. There was also no communication system between the dogger and crane operator, despite awareness of the risky practice of doggers walking in front of cranes.

The conviction

In sentencing, Judge Everson acknowledged the defendant's early guilty plea but criticised the company for failing to identify and address these risks despite engaging in work health and safety compliance measures and consultancy services. He emphasised the seriousness of these oversights given the company's size and operations, noting the tragic consequences and the operator's prior dangerous behaviour.

Mitigating factors included the defendant's post-incident response, such as making an ex-gratia payment to the deceased worker's family and establishing a memorial at the incident site. Judge Everson recognised the company's lack of prior convictions and its charitable contributions.

Comparing this case to another industrial manslaughter conviction, Judge Everson highlighted differences in severity but stressed the need for a substantial fine to deter such negligence in workplace safety.

Ultimately, the company was fined $1.5 million, and a conviction was recorded, marking Queensland's third conviction for Industrial Manslaughter.

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Sources

Flagrant and glaring oversights at pool company lead to QLD’s third Industrial Manslaughter conviction by Office of the Work Health and Safety Prosecutor, 14th June, 2024.

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