Judgments reveal reasoning behind guilty verdict for Clayton’s Towing Service

More details have emerged after a major towing company was found guilty of a workplace incident during a fire emergency.

Clayton's Towing was found guilty of a workplace incident.

A Sunshine Coast magistrate determined a winch operator had been in “too much of a hurry” when a firefighter was injured during a recovery mission, a judgment have revealed.

Clayton’s Towing Service was found guilty of failing to comply with workplace health and safety duty (category two) after a lengthy trial in Maroochydore Magistrates Court.

Magistrate Rod Madsen revealed his decision on February 20 and a written judgment has since detailed his reasoning.

The judgment read the was an evacuation order in place during fire season when a fire truck was being recovered at Lake Cooroibah by a Clayton’s Towing truck in 2019.

Clayton’s Towing Service was attempting to tow a fire truck during an emergency at the time of the accident.

The incident pertaining the offence revolved around a rural firefighter being injured by a winch rope and snatch block that had catapulted due to an equipment failure.

Mr Madsen noted the circumstances of the operation were “unusual”, and the operator had not worked in an area affected by natural disaster in his long career.

His written decision stated it was not reasonably accepted an “adequate exclusion zone” was put in place nor were sufficient checks made to see if anyone was in harm’s way.

Mr Madsen wrote he was not satisfied a discussion had a occurred between the operator and fire crew supervisor, where the operator would have relied on the “chain of command” to relay safety instructions to everyone present.

It is not accepted such a discussion would have been adequate, the judgment read.

It was noted in the judgment that evidence “fell short” to prove the operator relied on the “chain of command”.

The judgment read it was not considered the operator had yelled “clear winching” before operating the truck and if he did so, had not been loud enough.

“He was, in my assessment, in too much of a hurry,” Mr Madsen wrote in his decision.

It was accepted the operator did conduct a risk assessment.

The judgment showed it was also accepted it was noisy and dark during the operation but the risk of embers catching onto any structures was minimal.

The equipment failure was not due to lack of maintenance or the use of inappropriate equipment.

Mr Madsen wrote if a proper safety briefing had been given, such as devoting more time and effort to ensure bystanders were behind a barrier or accounted for, this would have reduced the risk of injury.

Clayton’s Towing Service released a statement on the day of the decision, saying the company would consider its appeal rights.

A date for sentencing has yet to be decided.

Originally published as Judgments reveal reasoning behind guilty verdict for Clayton’s Towing Service