Enco Precast fined $68,000 after industrial accident

A company has been fined tens of thousands of dollars after a worker was impaled in a workplace accident, with a magistrate also issuing a separate fine after Workplace Health and Safety officers were refused entry to a site.

A company has been fined tens of thousands after a worker was impaled by metal “spears” in a workplace accident and, in an unrelated matter, for refusing entry to government safety inspectors amid a stoush with the CFMMEU.

Brisbane concrete producer Enco Precast today pleaded guilty to failing to comply with a health and safety duty after the industrial accident in May 2019.

The Brisbane Magistrates Court heard that during the de-stressing process a metal cable under tension slipped free and hit a worker with two wires becoming impaled in his leg.

Enco Precast’s Steven James (AAP Image/Steve Pohlner)

A grinder had to be used to free the worker with surgery required to remove the wires, the court heard.

The worker did not suffer long term injuries.

The court heard the company failed to adequately guard the stressing machine or implement a system for regular inspection and maintenance of certain components used in the process.

Enco Precast’s barrister Troy Spence labelled it a “freak occurrence” and the exact cause of the cable failure was still unknown.

“Nowhere in this workplace over 23 years, or throughout this industry had a cable become loose in the fashion in which it became loose,” he said.

The company, which has no prior convictions, had supported the injured worker and took steps to ensure the incident didn’t occur again, he said.

Magistrate Michael Quinn said Enco Precast had safety procedures in place but they did not go far enough and the accident was foreseeable.

He fined the company $68,000 but did not record a conviction

In a separate matter Enco Precast and its director Steven Brian James pleaded guilty to two counts each of hindering or obstructing inspector.

The court heard that on two consecutive days in December 2018 Workplace Health and Safety Queensland inspectors were refused entry into the company’s Seventeen Mile Rocks site.

The incident occurred amid “considerable acrimony” between the CFMMEU and James and other employees.

Mr Spence said there was confusion about “who had what powers”.

The day before the incident four union officials were arrested and charged with trespass at the site.

However Mr Quinn said there was a clear difference between unionists and workplace health and safety inspectors attempting to enter a worksite.

Enco Precast was fined $6000 while James was placed on an undertaking not to commit an industrial offence with a $4000 security payable on a breach.

Convictions were not recorded.