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Undisclosed incident prompts WHS fine for Qld firm

Truck driver hospitalised for a week with fractured skull after fall

 

A transport company is fined $5,000 for not reporting a serious workplace injury after an incident in which a worker was hospitalised for a week, Workplace Health and Safety Queensland (WHSQ) reports.

The company, Cattletrans Pty Ltd, trading as Robertson’s Transport, pleaded guilty in the Toowoomba Magistrates Court to breaching the Work Health and Safety Act for failing its duty to report a notifiable incident arising out of the conduct of the business.

The court heard the small business specialised in livestock transport when, on March 8, 2018, two company workers transported a broken-down truck on the tray of a tilt tray truck to a site in Wacol for repair.

While at that site, one of the workers fell from the tray of the stationary tilt tray truck, hitting his head on the ground below, WHSQ explains.

The other worker contacted the company director that same day to report the incident.

The injured worker was transported to hospital by ambulance where he was admitted as an inpatient for seven days and received treatment for a fractured skull.

WHSQ was first notified of the incident by the worker on or around June 18, 2019.

The company to that point had not notified the safety regulator of the incident.


How another Queensland firm recently copped a FWO fine, here


Magistrate Kay Ryan says the company had failed its duty to notify through ignorance of its obligation, and observed the director could be considered “old-school”.

“Her Honour noted that while ignorance of the law was not an excuse, it was a factor that could be taken into account to an extent,” WHSQ explains.

“Magistrate Ryan also took into account the company’s early guilty plea, its otherwise good character, having no previous convictions, and financial difficulties it had experienced after being defrauded by a former employee and as a result of Covid-19.

“Her Honour also had regard to the fact that the injured worker was back working Robertson’s Transport, albeit in a limited capacity.”

The company was fined $5,000 and ordered costs of $1,100, with no conviction recorded.

 

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