Company and director convicted after worker seriously injured by excavator
Yesterday, Fed Consulting Services Pty Ltd and its director, Stephen Gelo, were convicted in the ACT Magistrates Court for failing to comply with their work health and safety (WHS) duties following a serious workplace incident in Gungahlin.
Both defendants were found guilty of Category 2 offences under the Work Health and Safety Act 2011, where their failure to comply with their duty exposed a person to the risk of serious injury.
Magistrate Temby imposed a fine of $100,000 on Fed Consulting and a fine of $10,000 on Mr Gelo.
The convictions relate to an incident in November 2022 at a construction site in Gungahlin where a worker’s foot was struck by an excavator bucket operated by Mr Gelo.
The worker suffered significant injuries, including the amputation of a toe which required extensive medical treatment.
The Court found that Mr Gelo and Fed Consulting failed to follow their own safety regime and a Safe Work Method Statement that specifically included control measures to protect workers from being injured by powered mobile plant at the work site. His Honour also noted that the risk of harm to the worker from contact with the excavator was obvious and simple, costless and available control measures could have been taken to guard against the risk.
Mr Gelo was also found to have failed to take reasonable care that his actions, when operating the excavator did not adversely affect the health and safety of others.
Mr Temby in his decision noted the incident was an “isolated departure from their ordinary standards of conduct.” Mr Gelo’s remorse was also taken into consideration.
Work Health and Safety Commissioner Jacqui Agius stated that failures in fundamental safety measures can have life-altering consequences for workers and others which is why WorkSafe ACT will continue to hold those responsible to account.
“Once again, we have an incident where a worker is seriously harmed due to failures by those responsible for their health and safety, in circumstances where the risk was obvious and the measures to address the risks were equally obvious, straightforward and costless. Our thoughts are with the victim of this incident, their family and their community.”
“I hope this decision prompts those with WHS duties to reflect on their responsibilities and the very real human and financial consequences of failing to meet them.”
“WorkSafe ACT will continue to work to ensure duty holders meet their obligations under WHS laws to protect workers and workplaces.”
Statement ends
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