A regional council has been penalised for serious workplace safety violations after a worker suffered severe injuries during a routine infrastructure project, with a magistrate criticizing the organisation’s failure to enforce basic safety protocols.
Sunshine Coast Magistrate Sarah Chen described it as “completely unacceptable” that construction crew members were operating heavy machinery without proper safety equipment when a workplace accident occurred in March 2024, leaving one employee with serious spinal injuries.
The incident involved a four-person crew from Noosa Shire Council’s infrastructure maintenance division who were contracted to repair a damaged stormwater drain beneath a busy intersection. The drain had collapsed following recent flooding, creating a significant hazard for both pedestrians and vehicles.
The team established what they believed was an adequate safety perimeter using temporary barriers and warning signs to redirect traffic away from the excavation site. However, their work plan failed to account for the unstable soil conditions caused by the recent flooding.
One crew member, operating a small excavator to clear debris from the collapsed section, was positioned directly above the compromised drain when approximately two meters of the excavation wall suddenly gave way. The worker was thrown from the excavator as it tipped into the cavity, sustaining compression fractures to three vertebrae and requiring emergency helicopter transport to a major trauma center.
A subsequent investigation by WorkSafe Queensland revealed that Noosa Shire Council had violated multiple sections of the Work Health and Safety Act 2011, including the primary duty of care provisions and category-2 safety obligations. The council pleaded guilty to failing to ensure worker safety and exposing employees to risk of serious injury or death.
During sentencing, Magistrate Chen determined the council should have:
- Conducted a comprehensive geotechnical assessment of the work site before beginning excavation, particularly given the recent flood damage and known soil instability in the area
- Required all workers in the excavation zone to wear fall protection equipment and high-visibility safety vests
- Implemented mandatory safety briefings specific to working in unstable soil conditions
The magistrate found the council had become overly dependent on its workers’ experience with similar projects, despite clear evidence that environmental conditions had changed significantly due to the flooding.
She dismissed the council’s argument that the soil collapse was an unforeseeable event, noting that recent weather conditions and visible signs of ground instability should have prompted additional safety measures.
Magistrate Chen stated that the absence of proper safety equipment was a “textbook example” of why employers cannot assume that experienced workers will always make safe decisions, particularly when familiarity with routine tasks can lead to complacency about emerging risks.
The case demonstrated why organizations must maintain rigorous safety procedures regardless of worker experience levels, she concluded.
However, Magistrate Chen imposed a relatively moderate fine of $75,000 against the potential maximum penalty of $1.5 million, and declined to record a formal conviction. She noted the council’s generally strong safety record and its immediate implementation of enhanced protocols following the incident, including the establishment of a dedicated soil stability assessment program.
