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Construction company fined $65,000 over injury to labour hire worker

Abigroup Contractors Pty Ltd has been fined $65,000 after a labour hire worker was injured on a Townsville construction site in October 2007.

The company, which operates Australia wide, pleaded guilty in the Townsville Industrial Magistrates Court on 23 March 2009 to breaching the Workplace Health and Safety Act 1995, having failed to ensure workplace safety.

The court heard that a 20 tonne excavator a worker was using to shift sand next to a pile of steel pylons clipped the end of the pylons causing the stack to collapse.

A labour hire worker standing in front of the stack of pylons was knocked to the ground and sustained a broken right leg.

The Workplace Health and Safety Queensland investigation revealed:

the worker operating the excavator did not hold a certificate of competency and the site supervisor was aware of this
although the worker had a log book pertaining to the operation of such plant, at the time of the incident he was not employed for that purpose
the worker was not being supervised by any person with appropriate certification
an exclusion zone was not maintained around the areas where the excavator was operating, and
site-specific induction and instructions to workers had not been recorded.

As a result of the incident several compliance notices were issued to the company by Workplace Health and Safety Queensland.

Industrial Magistrate Mr Ross Mack, in addition to the fine, ordered the company to pay investigation, professional and court costs totalling $3,452.90. A conviction was recorded.

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