Date of Outcome: 13/08/2015

Outcome: The accused pleaded guilty to one charge pursuant to section 26 of the Occupational Health and Safety Act 2004 in that it failed to ensure that a workplace under its management or control was safe and without risks to health. The accused was engaged in construction of a concrete cattle underpass at a farming property. At each end of the underpass, precast concrete 'wingwalls', each weighing approximately 2.3 tonnes had been placed. The wingwalls had not been properly footed, secured or braced. A contractor to the accused was excavating a sump hole at the base of the southeast wingwall.

In the course of this work the wingwall fell onto the contractor, pinning him at the waist. He was later freed by a co-worker and two passers-by. He suffered serious leg, back and internal injuries, requiring surgery and ongoing rehabilitation. On 13 August 2015 the accused was convicted and fined $37,000 with costs of $3,895 (Shepparton Magistrates Court).

Court: Magistrates' Court

Fine: $37,000.00

Costs: $3,895.00

Published: 14/08/2015

Category: Crush injuries

Appeal: No

Information source: Worksafe Victoria