A Canberra construction business has been fined $100,000 after an excavator driver lowered a bucket of concrete onto a labourer's foot, causing a toe to be amputated.
Court ruling and penalties
Magistrate Ian Temby previously found Fed Consulting Services and its director, Stephen Gelo, guilty of failing to comply with a health and safety duty that risked death or serious injury. In a decision published on Thursday, June 11, the magistrate fined the business $100,000 and Mr Gelo $10,000.
In a letter to the ACT Magistrates Court, Mr Gelo expressed deep regret and apologised to the labourer.
Details of the incident
On November 17, 2022, at a Gungahlin construction site for the Sierra Apartments, the victim was injured when an excavator bucket landed on his foot. As a result, a toe on his right foot was amputated and he required extensive skin grafts.
Mr Temby found that Mr Gelo, who was driving the excavator, deliberately lowered the bucket without ensuring the victim moved away first. The victim had flagged Mr Gelo for attention and received approval to remove concrete from the bucket with a shovel. The driver then lowered the bucket to make it easier for the victim to access its contents, but it landed on the victim's foot. The bucket, filled with concrete, weighed an estimated 1.2 tonnes.
Workplace safety failures
Fed Consulting Services was employed to perform excavation work at the Gungahlin site, including digging holes to be filled with concrete. The victim was employed as a labourer by a civil works company also operating at the site.
WorkSafe ACT investigated the incident and brought the case to court. Mr Temby noted that as the owner of a small business, Mr Gelo entirely controlled how he conducted his work. He described Mr Gelo as a highly experienced excavator driver who was aware of established safety measures.
However, the magistrate found that Mr Gelo was trying to assist the victim and that the injury was not intentional.
Company's safety record and improvements
Mr Temby said the incident was an isolated departure from ordinary standards of conduct. He noted that Mr Gelo had over 20 years of experience in high-risk excavation work without a single prior incident.
Since the incident, Fed Consulting has purchased a more modern excavator with advanced safety features. The magistrate found this investment demonstrated a genuine commitment to safety.
The case was heard at the ACT Magistrates Court building.
