Townsville company fined over workplace fatality

Date issued: 2012-01-31

Townsville company Penna Holdings Pty Ltd has been fined $65,000 over a workplace incident in which a man was crushed to death by a backhoe.

On 15 November 2011, the company pleaded guilty in the Townsville Industrial Magistrates Court to breaching section 24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

The court heard Penna Holdings Pty Ltd employed the worker to undertake rural farm work, including operation of a tractor with backhoe and forklift attachments.

On 24 April 2010, the backhoe operated by the worker came to a stop due to the loss of transmission oil. 

While the backhoe was still running and in gear, the worker began to replace the oil through the filling point at the side of the engine bay, between the front and rear wheels. While the worker was adding the oil, the backhoe lunged forward and ran over him, causing fatal crush injuries. 

The Workplace Health and Safety Queensland investigation revealed the backhoe had numerous fluid leaks and some other defects. When the transmission oil fell below a certain level it caused the backhoe to lose drive, and allowed it to remain running in gear but stationary.

The investigation found that by topping up the oil with the backhoe in gear, it would automatically engage when the oil reached a certain level and the backhoe would move forward.

 Industrial Magistrate Peter Smid fined Penna Holdings Pty Ltd $65,000 and ordered investigation and court costs totaling $3040.92.

In reaching a decision, the industrial magistrate acknowledged the defendant had failed in its obligation to ensure the backhoe was maintained in a serviceable condition.

In deciding the penalty, Industrial Magistrate Smid took into account the defendant entered an early plea, cooperated with the investigation, had no previous convictions and was otherwise a good corporate citizen.

The prosecution was brought by Workplace Health and Safety Queensland, part of the Department of Justice and Attorney-General.

For more information on workplace health and safety, visit www.worksafe.qld.gov.au or call the WHS Infoline on 1300 369 915.

Media contact: 3239 0782