A business has been fined $100,000 after an excavator driver lowered a bucket of concrete onto a labourer's foot, resulting in a toe amputation.
Magistrate Ian Temby previously found Fed Consulting Services and its director, Stephen Gelo, guilty of failing to comply with a health and safety duty causing risk of death or serious injury.
In a decision published on Thursday, June 11, Mr Temby fined the business $100,000 and Mr Gelo $10,000.
In a letter to the ACT Magistrates Court, Mr Gelo expressed his deep regret and apologised to the labourer.
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 needed extensive skin grafts.
Mr Temby found that Mr Gelo, who was driving, deliberately lowered the bucket without requiring the victim to move away from the excavator first.
The victim flagged Mr Gelo's attention before the injury and got his approval to take concrete out of the bucket with a shovel.
The driver then lowered the bucket to make it easier for him to access its contents and it landed on the victim's foot. The bucket with concrete inside was estimated to weigh a total of 1.2 tonnes.
Fed Consulting Services was employed to undertake 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 that also worked at the construction site.
WorkSafe ACT later investigated the incident and the case was brought to court.
Mr Temby found that as the owner of a small business Mr Gelo "entirely controlled the way in which he conducted his work".
He said the man was a highly experienced excavator driver who was aware of established control measures.
However, the magistrate found Mr Gelo was trying to assist the victim and the injury was not intentional.
Mr Temby said the workplace incident was an "isolated departure from their ordinary standards of conduct".
"In this respect I note that Mr Gelo has over 20 years of experience in high risk excavation work without a single incident.
"Since the incident the subject of these proceedings, Fed Consulting has purchased a more modern excavator which contains advanced safety features."
The magistrate found this investment demonstrated a genuine commitment to safety.
