Oakey Beef Exports appeal guilty verdict after work shot with bolt gun

The worker suffered a serious injury after he fired the gun into his chest but his employer claims there were sufficient protections in place which should have prevented the incident.

A major Queensland abattoir is appealing a decision in the Toowoomba Magistrates finding it guilty of failing to comply with their health and safety duty (category 2), with the sentencing reserved for a later date.

Oakey Beef Exports appealed a recent decision by the Toowoomba Magistrates Court that found it guilty of breaching safety laws when a worker shot himself with a bolt gun.

The charge arose from an incident on January 10, 2024 when the worker, Mark Bashford fired the gun into his abdomen with the bolt while handling the gun in the maintenance shed of the Darling Downs business.

The handheld gun, when loaded with a blank cartridge containing gunpowder, discharged a metal bolt about 12cm before retracting.

At the time of the trial, the Workplace Health and Safety prosecutor argued that the bolt gun should have been delivered to the maintenance room unloaded.

It is used to stun cattle before they are slaughtered.

The matter went to trial in January of this year with the magistrate finding Oakey Beef Exports guilty of failing to comply with their health and safety duty (category 2), with the sentencing reserved for a later date.

On February 19, Oakey Beef Exports filed its appeal in the Toowoomba District Court.

It argues that the verdict was unreasonable with Oakey Beef Exports arguing the court overlooked procedures it had in place on the abattoir kill floor regarding the cleaning, handling and maintenance of the bolt gun and that the gun’s Original Equipment Manufacturer Manual was available to the staff, and contained information about how to safely clean it.

Oakey Beef Exports further argues that this manual was sufficient and that staff were directed to consult it while cleaning the bolt gun.

It also claimed the prosecutor did not call sufficient witnesses who were working on the kill floor on the day of the incident and that the magistrate erred in failing to take into account evidence which was favourable to the abattoir.

Importantly, this evidence came from four workers who were trained in the gun’s maintenance procedures or that Mr Bashford had limited recollection of his own training, that he was never trained to point the gun at himself or to engage the trigger.

The appeal continues.

Originally published as Oakey Beef Exports appeal guilty verdict after work shot with bolt gun