Agnew Building Supplies fined $300,000 by ACT Industrial Court for endangering employee

The 55-year-old worker survived the incident but was left with spinal, rib and eye socket fractures.

Agnew Building Supplies Pty Ltd was sentenced in the ACT Industrial Court on Tuesday after pleading guilty to failing to comply with health and safety duties causing the risk of death or serious injury.

Magistrate James Lawton said the risk of the worker being seriously injured or killed by a load whilst operating the defective vehicle-mounted crane at the heart of the case "was known to the defendant and was foreseeable".

The incident in question took place on the morning of April 16, 2021, when the employee delivered 878kg worth of laminated veneer lumber to a worksite in Torrens.

The truck he was driving and operating had two cranes, which for safety reasons, were designed to be controlled from panels on opposite side of the cab.

But when one panel was "busted" for what could have been a few weeks, the man found himself underneath a heavy load, which due to the way the lumber was unsafely slung, became unstable.

The load dislodged from the crane's hook through its safety latch, striking the man, causing him to fall to the ground and rendering him unconscious by landing on top of his head and chest.

Mr Lawton said the company continuing to operate the vehicle and crane despite knowing about the broken controls was "particularly aggravating".

The worker was diagnosed with three broken ribs, multiple spinal and eye socket fractures and bleeding between the brain and skull.

In a victim impact statement previously tendered to the court, he described the emotional, psychological, physical and financial suffering the incident had caused him.

"I will never be the person I once was," the worker said.

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The court found the risk existed as a result of several failures by the building company, including it not establishing adequate safety procedures for servicing the crane, safety hooks and slings.

It also failed to correctly train its employees in their use of them.

The victim told investigators someone had spent three hours showing him how to operate cranes when he first began using them about one or two years earlier.

The crane, which had not undergone maintenance, inspection or servicing by a qualified person since 2017, was described by investigators as "defective" and "unserviceable".

Several other equipment faults were discovered, including three of the four slings used for the load declared as "condemned" due to damage and age.

Mr Lawton said Agnew Building Supplies had taken many steps and made considerable investments to minimise further risk to employees, including by purchasing new equipment.

However, he also said mitigating steps could easily have been taken, making the offending more serious.

"The steps taken post the incident were not complex, burdensome, nor mildly inconvenient," he said.

The Queanbeyan-based company, which has no prior convictions, was given a 25 per cent discount on the fine due to its early guilty plea.

"Which is an indication of both contrition and remorse and a full acceptance of responsibility," the magistrate said.

It will be given a year to pay.

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