Court orders $400,000 fine after a fatality at a sporting complex
By Workplace Health and Safety Queensland
28 August 2024
A Queensland company has been ordered to pay a $400,000 fine and a conviction recorded against them after the death of a voluntary ground official when a scaffold tower fell on him at a Mitchelton Sports complex on the 25th July 2021.
The defendant, Mobile Scaffolds Queensland Pty Ltd, was charged with failing to comply with their primary health and safety duty and exposing an individual to a risk of death or serious injury in July 2023.
The company was put into liquidation in February 2024. The defendant declined to further participate in the proceedings. and was sentenced ex parte before Magistrate Joseph Pinder in the Brisbane Magistrates Court on 16 August 2024.
In April 2021, the defendant was engaged by Mitchelton Sports Club to supply and install a scaffold tower to be used as a filming platform at the Teralba Park Sports Complex in Mitchelton.
On 13 April 2021, a worker attended the sports complex and installed a 2.4 metre tall Oldfields Pro Series Aluminium Mobile Tower Scaffold between field one and two. The defendant was not requested to, and did not provide, any information, training, or instruction to the football club about the safe use and storage of the scaffold tower.
The father of one of the players taking part in an under 15s football match on field two, was volunteering as a ground official, and was standing outside the perimeter fence approximately two metres in front of the tower watching the game on the 25th of July 2021.
At around 12:30pm a strong gust of wind caused the scaffold tower to become unstable and fell on top of the man causing fatal injuries.
It was determined that the scaffold tower was not appropriately constructed, or secured, to withstand the wind speeds it was exposed to. The court heard that the defendant had previously provided a scaffold tower between February 2020 and September 2020 for the same purpose.
His Honour noted the defendant had chosen to enter into liquidation and was satisfied that they had done so in response to the charges brought against them.
The Magistrate found it was clear that consideration should have been given to the risks arising from the location of the tower, including risks posed by its exposure to wind or other weather events as well as the fact that members of the public would be nearby.
His Honour stated that the scaffold tower presented a clear risk to members of the public, and some of the steps that were not taken were reasonably practicable and could have been easily taken at minimal cost.
Magistrate Pinder found that these things were consistent with the defendant displaying a cavalier approach to their work health and safety obligations and considered the seriousness of their conduct to be at the highest end.
His Honour observed that the breach had led to the worst possible outcome, namely the death of a 37-year-old man, and considered the victim impact statements provided by the man’s family.
His Honour said despite the defendant’s absence and the company’s current status in liquidation, as a matter of general deterrence, a penalty was called for that would appropriately deter others and send a message that breaches leading to a terrible loss, will receive an appropriate fine. His Honour considered it appropriate to record a conviction.
A worker at Mobile Scaffolds Queensland will face further prosecution in the matter in October this year.
Workplace Health and Safety Queensland is currently targeting issues with scaffolding as part of a construction compliance blitz around Queensland.
For more information go to www.worksafe.qld.gov.au