Southbris Enterprises Director James Heath McCullagh fined $80k for workplace injury

An agricultural worker no longer has feeling on the left side of his upper body after a slasher crushed him during an act of employer negligence. The company director was fined $80,000 for the error.

James Heath McCullagh, director of Southbris Enterprises, leaving Beenleigh Magistrates Court

An agricultural worker no longer has feeling on the left side of his upper body after a slasher crushed him during an incident of employer negligence. The company director was fined $80,000 for the error.

Southbris Enterprises Director James Heath McCullagh pleaded guilty to failing to comply with health and safety duty — category two.

Mr McCullagh, from Greenbank, and the company both pleaded guilty to the offence.

The court heard that employees of agricultural company Southbris Enterprises were undertaking work, clearing wires under a slasher in 2020.

A slasher is an industrial scale lawnmower the company was using for a job in Flagstone, Logan.

Southbris Enterprises workers had informed health and safety that wires were getting stuck under the slasher and staff had become complacent.

On September 4, 2020 workers were clearing land at Flagstone with the slasher.

Two employees were cleaning the slasher by removing wires underneath it while it was lifted in the air.

The slasher fell on top of one of the employees, hitting his chest and crushing him.

He was taken by helicopter to hospital with serious injuries including a fractured shoulder and no longer has feeling on the left side of his upper body.

He underwent surgery and had four plates implanted in his chest.

The victim also suffered hearing loss and can no longer walk unassisted.

Health and safety prosecution said the accident could have caused death.

The court heard the safety legislation stated an employee must never carry out any work under a slasher unless it is supported by four points.

On this occasion, it was only supported by two.

Magistrate Terry Duroux said the authorities state there is a need to maintain safety and employers are responsible.

“The risk of injury was foreseeable and I accept the objective seriousness of the offence,” he said.

“This was a systemic failure and shortcuts were being taken.

“A message needs to be sent to the community that this type of behaviour is not acceptable.”

Mr McCullagh was fined $10,000 and ordered to pay $851 in court costs.

Southbris Enterprises were fined $70,000 and ordered to pay the same court costs.

No convictions were recorded.