Worker Found Guilty For Crane Related Offences

In August 2020, a tragic incident occurred at a construction site in Edmondson Park, leading to a labourer being hit by a swinging crane load. The workplace's dogman failed to comply with the regulations and requirements to establish a proper exclusion zone using physical barricades and signs. Instead, he relied on verbal communication to establish exclusion zones, which led to the accident.

The worker was not only a victim of the incident but also found himself on the other side of the law, charged with breaching sections 28 and 32 of the NSW Work Health and Safety Act 2011. These sections mandate that individuals must ensure the health and safety of others and refrain from exposing them to the risk of death or serious injury.

During the trial, the worker took responsibility for his actions, pleading guilty to the charges. The NSW District Court acknowledged the severity of the incident and the injuries sustained by the labourer. It was emphasised that workplace safety is not solely the responsibility of the worker who was charged but is a shared responsibility among all parties involved in the project.

Nevertheless, the court found that the worker's failure to establish a proper exclusion zone significantly contributed to the incident. During the sentencing, the Judge ordered a fine of $8,000, reduced by 25% to $6,000, plus $10,000 in costs, for Page's early guilty plea. The Judge also stressed that the imposition of a large fine on Page would be disproportionate to his comparative culpability, given the multiple failures on the part of other more culpable duty holders.

This incident serves as a stark reminder of the importance of establishing proper safety protocols and adhering to them to prevent workplace accidents. Everyone is responsible for ensuring that workplaces are free from hazards and that all workers return home safely to their families.