[ad_1]
Workers at a factory where a man was crushed to death by a 12-tonne crane had previously complained about the operator driving too fast, a judge heard.
Narellan Pools Corporation pleaded guilty in the Brisbane District Court on Friday to negligent conduct of business causing the death of a worker and was fined $1.5 million.
Judge William Everson said the charge was the most serious of its kind and was equivalent to manslaughter.
Get the news with the 7NEWS app: Download today 
“This is without question a serious offense which has resulted in a tragic outcome,” Judge Everson said.
Camndean Turner, 42, was killed on August 19, 2021 at Narellan Pools’ Queensland manufacturing facility in the Gold Coast suburb of Stapilton while operating a four-wheeled mobile crane moving a 650kg fiberglass pool shell.
The Ipswich man was working like a dog, keeping a direction for the pool, before the crane operator approached him and ran him over before turning back over his body.
Health and safety prosecutor Simon Nicholson said Mr Turner died of asphyxiation due to his lower abdomen being crushed.
“Another worker came to Mr Turner’s aid, first aid was administered but Mr Turner was pronounced dead shortly afterwards,” Mr Nicholson said.
Mr. Nicholson played Judge Everson a short security camera video that captured part of the incident.
The crane could be seen carrying the pool enclosure from an industrial building to a yard, the load swinging from side to side due to the speed of the vehicle, before a worker was seen running for help.
Mr Nicholson said workers had previously complained to management about crane operator Lyall Francis Tadman, claiming he was driving too fast and had once hit a parked car.
Tadman pleaded guilty at Beenleigh Magistrates’ Court in January 2024 to failing to comply with a health and safety duty.
He was fined $25,000 and no conviction was recorded.
Judge Everson said Narellan Pools failed to foresee the danger of people working in conjunction with a mobile crane.
“It is mind-boggling that (Narellan Pools and its safety consultant) failed to identify the risks of moving huge pools,” Judge Everson said.
Narellan Pools had no risk mitigation strategy, such as having another person act as a lookout or providing a means of direct communication between ground workers and the crane operator.
The corporation’s managing director, Peter Bailey, attended court as part of the sentencing.
Defense lawyer Benjamin McMillan said Narellan Pools had no other convictions for safety breaches and had tried to pass a second safety review at the Stapylton plant before the accident, but had been prevented by the border closures against COVID-19.
“My client expresses his deep regret and sorrow for his conduct which contributed to this,” Mr McMillan said.
Judge Everson said Narellan Pools had provided financial support to Mr Turner’s family but the safety breaches were egregious and he should have deterred other businesses from similar breaches.
In addition to the $1.5 million fine, a judgment was entered against the corporation.
[ad_2]
