Agnew Building Supplies Pty Ltd Sentencing

Today, Agnew Building Supplies Pty Ltd were issued a $300,000 fine by the ACT Magistrates Court for failure to comply with health and safety duties causing the risk of death or serious injury.

On 16 April 2021, an employee of the company delivered over 800kg of building materials to a worksite in the ACT. These building materials fell from the back of a truck and struck the worker, causing him severe injury to the head and torso.

The worker does not wish to be identified.

It was found that improper safety management controls, faulty equipment and insufficient training were all contributing factors. Further the crane was unserviceable, did not have any service records and should not have been used.

The company pleaded guilty to Category 2 charges in court, accepting responsibility for the incident.

Of the incident, ACT WHS Commissioner Jacqueline Agius said:

“It is completely unacceptable for these kinds of injuries to occur on worksites. They are not accidents – they are failures of WHS practice.” 

“It is clear from the investigation undertaken by WorkSafe ACT that this terrible incident could have been completely avoided by ensuring all staff were adequately trained, and all risks were properly controlled.”

“We wish the worker and their family all the best in their continued recovery.”

Of the sentencing, the Commissioner said:

“Today’s sentencing shows that WHS systems do work. Proper protocols clearly would have prevented serious injury in this case and in other cases.”

“When breaches occur and people get hurt, WorkSafe ACT will identify how and why. Don’t risk it. Keep workplaces safe.”