Prosecutions

A crane operator has received a $10,000 fine and an order to undertake training for failing to safely set up a mobile crane after it toppled over onto three houses putting the occupants at risk of serious injury or death.

The defendant entered a plea of guilty for failing to comply with his duty to take reasonable care under the Work Health and Safety Act 2011. The case was prosecuted by the independent Office of the Work Health and Safety Prosecutor (OWHSP) in front of Magistrate Catherine Benson in the Caloundra Magistrates Court on 15 October this year.

Magistrate Benson ordered the defendant to complete the work health and safety training course “Conduct Hazard Analysis & Issue Work Permits” and provide written evidence to the OWHSP proving completion of the course.

The defendant was an experienced and trained crane operator who in April 2021 failed to safely set up a mobile crane because he failed to enter the correct data into the crane’s computer and failed to lock physical pins into the crane’s outriggers.

He then failed to safely plan his lift with the mobile crane because he did not use load charts and then attempted to lift with the mobile crane in circumstances where he could not have safely completed such a lift.

As a result of the defendant’s actions, the crane toppled over onto three houses within a housing estate at Nirimba west of Caloundra. There were five people present within those houses at the time of the offending and while not injured, were exposed to a risk of serious injury or death.

Magistrate Benson imposed a $10,000.00 fine but did not record a conviction taking into consideration the defendant’s lack of prior convictions, early plea of guilty, admissions made to the offending during the investigation, the loss of his crane licence following the offending, his history of medical issues and his limited financial capacity to pay a fine.

Further information

Crane operator fined and ordered to attend training following incident at housing estate

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• $45,000 penalty after incident where bystander was sprayed with concrete
• Roofing company fined $80,000 for worker’s fall from ladder platform
• Individual fined $12,000 after worker sustained fractures to both legs
• Mobile Scaffolds Queensland Pty Ltd fined $400,000 after falling scaffold tower fatally injures bystander
• Worker fined $11,000 after hook block falls from crane and strikes worker to the head
• Worker fined $12,250 after concrete truck topples over and strikes another worker