Toowoomba Firewood Pty Ltd sentenced after worker’s hand crushed by log splitter

A Toowoomba business has been fined more than $100,000 after attempting to sidestep workplace health and safety obligations. Warning: Graphic images.

Jay Mobbs, 31, nearly lost his hand in a workplace injury at Toowoomba when it was crushed by a log splitter. Picture: Liam Kidston

A Toowoomba company has been fined in excess of $107,000 over a gruesome workplace accident.

Toowoomba Firewood Pty Ltd pleaded guilty to failing to comply with health and safety duty (category two) in the Toowoomba Magistrates Court on Monday among two other offences.

The company’s sole director Timothy Middleton, 36, separately pleaded guilty to failing to comply with health and safety duty (category two).

The court heard that only three hours into a job trial on June 9, 2022, worker Jay Mobbs crushed his hand while operating a log splitter on the premises.

X-ray of Jay Mobbs injured hand that was crushed by a log splitter in a workplace incident.

Mr Mobbs was only given a five minute verbal instruction on how to operate the machine before management left him unsupervised.

He did not receive a demonstration and was only advised to avoid placing his hand on the top of the log.

“Mr Mobbs grabbed a log that was too long, so it couldn’t stand lengthwise so he placed it on its side,” Magistrate Mark Howden said.

“He held onto the log with his hands on either side … it has cut the log and then crushed Mr Mobbs’ right hand underneath it.”

After his accident, Mr Middleton and his wife, who also held shares in the company, did not report the incident to WHSQ or properly preserve the incident site, the court heard.

Mr Howden said the pair also caused issues with Mr Mobb’s WorkCover assessments.

“(Mr Middleton) responded (to doctor requests) Mr Mobbs was on day one of a trial and that he didn’t think that WorkCover would apply,” Mr Howden said.

“And a (WorkCover) rejection came as a result of Mrs Middleton, on behalf of Toowoomba Firewood, denying the injury occurred in the workplace.”

Queensland father Jay Mobbs nearly lost a hand when it was crushed by a log splitter.

Mr Mobbs suffered open fractures and lacerations to his hand, requiring months of rehabilitation and multiple surgeries.

He was eventually able to access compensation; however, was forced to delay treatment until after the issue was resolved.

As a result of the accident, Mr Mobbs had his pointer finger amputated and remains in constant pain.

“It’s really about their lack of remorse,” barrister James Marxson for Workplace Health and Safety prosecution said.

“It’s had a profound impact on Mr Mobbs.”

Solicitor Brad Skuse on behalf of Mr Middleton and Toowoomba Firewood argued his clients had saved the court time and Mr Mobbs the pain by not proceeding with a trial which should be taken into consideration.

Toowoomba Firewood was formally charged with failing to comply with health and safety duty (category two), failing a duty to preserve incident sites and failing to ensure that the regulator is notified of a notifiable incident.

The company was fined $95,000 for all offences while Mr Middleton was personally fined $12,000.

Costs of $851.40 were ordered to be paid by both Mr Middleton and the company.

No charges were laid against Mrs Middleton.