A Port of Brisbane timber company has been fined tens of thousands of dollars after a “devastating” workplace accident that put an employee in hospital for 40 days.
A company has been fined tens of thousands of dollars after a “devastating” workplace accident involving a woodchipper.
Family owned timber business Asher Enterprises Pty Ltd pleaded guilty in Brisbane Magistrates Court on Thursday to one count of failure to comply with health and safety duty – category 2.
The company had been conducting wood chipping at the Port of Brisbane when the machine broke down requiring its 2.2 tonne disc to be removed by a small crane.
The disc was then rested on its edge and stabilised by makeshift wooden blocks.
On August 27, 2021 the disc fell and caused a long wrench being used by a worker to hit his upper right leg causing significant injuries, the court heard.
Jordan O’Hanlon-Rose, from the office of the Work Health and Safety Prosecutor, said the worker spent more than 40 days in hospital undergoing multiple surgeries and he continued to “suffer greatly”.
“He tells of the devastating impact that it’s had on him and his family,” he said.
“At 32 years old he’s unable to do basic tasks … he suffers pain daily and finds it hard to embrace things that used to bring him joy. The emotional turmoil he describes is profound.”
The court heard the company was of good character and had no criminal history or safety blemishes on its record.
Barrister John Bremhorst said it was an isolated incident and the company prior to the event had taken safety seriously employing a full time workplace health and safety manager.
“As a corporate entity there was a distinct dedication from the top down to safety within this company,” he said.
“The disc repair of this particular machine was one isolated area where there had been a gap in that system.”
Since the accident the company had installed a purpose built gantry to receive the disc, reengineered the machine and undertook other safety measures which went beyond what had been recommended.
“In the words of (company director James) Asher when this happened he didn’t mess around,” Mr Bremhorst said.
“His view is this is not to ever happen again and it shouldn’t have happened in the first place.”
After the incident Mr Asher and the company supported the employee who continued to be employed there, he said.
Magistrate Colin Strofield said the company’s rehabilitation and remorse were “clear and obvious” and the protective element missing at the time had been rectified.
He said general deterrence “loomed large” as workers needed to be protected.
The company was fined $70,000 out of a maximum $1.5m and no conviction was recorded.
Source: Courier Mail
