The Cairns Post

Hedley firm faces fine

- JANESSA EKERT janessa.ekert@news.com.au

TOM Hedley says a workplace incident at his Holloways Beach quarry in which an apprentice lost part of his leg wouldn’t affect his involvemen­t with the Trinity Inlet dredging project.

He is the owner of Northern Sands, which could face fines up to $200,000 after pleading guilty in the Cairns Magistrate­s Court yesterday to breaching health and safety obligation­s.

Max Dunkley, an apprentice, was standing in the “crush zone” while helping to jumpstart a backhoe when it moved unexpected­ly, crushing his leg on May 22 last year at the Holloways Beach worksite.

Workplace Health and Safety prosecutor Paul Waltham said a condition report revealed the backhoe was in a poor state of repair and a major safety risk.

Mr Dunkley had reached through a missing rear window and pushed the starter button.

WGC Lawyers director Doug McKinstry, for Northern Sands, said “this was not an obvious, identifiab­le, foreseeabl­e risk” because the company didn’t think Mr Dunkley would leave the backhoe’s operating seat.

Mr Waltham criticised Northern Sands for “gentle victim blaming” rather than taking responsibi­lity for equipment that was “highly dangerous and shouldn’t have been in operation at all.”

But Mr McKinstry said he was just highlighti­ng mitigating factors and knowledge of the way his client managed risks.

“Northern Sands can do no more than plead guilty to these offences … it accepts without question that it could have eliminated or minimised the risk,” Mr McKinstry said.

Mr Waltham said the penalty range should be between $175,000 and $200,000, while Mr McKinstry argued the range was between $75,000 and $125,000. The case is set for a decision on a date to be set. Outside court Mr Hedley said any fines wouldn’t affect the dredging project.

“All I can say it’s just a part of doing business … I’m just sorry for Max,” he said.

Mr Hedley said Mr Dunkley had indicated he would be returning to work next week.

 ?? Picture: SUPPLIED ?? SORRY: Tom Hedley, the owner of Northern Sands dredging company.
Picture: SUPPLIED SORRY: Tom Hedley, the owner of Northern Sands dredging company.

Newspapers in English

Newspapers from Australia