‘The potential for disaster is extraordinary’: magistrate

The charges relate to a construction site at the former SPC Ardmona cannery on Young St, Mooroopna.

Prosecutor Simone Tatas said an employee who was completing pipeworks on the cannery’s plant-room roof fell 3.76m into a skip bin on March 11, 2022, after an access platform he stepped on gave way.

The employee, who was working for a subcontractor employed by Jeftomson Logistics, broke his right heel, which needed to be rebuilt, after landing on his feet.

The court heard the flooring on the access platform was temporary, and deteriorated due to weather exposure, when the worker stepped on it from an elevated work platform.

Ms Tatas said there had been a “physical, financial and mental” impact on the victim.

In a victim impact statement read to the court, the worker, who was in his early 50s, said he was “extremely fit and healthy” before the fall, and had since struggled to do the work he loved.

“Sitting down makes me feel like I’m not pulling my weight,” he said.

“I don’t think I’ll be able to continue with my work until retirement age.”

He said he had been impacted financially, and his savings were “depleted” when he was unable to work.

His heel needed to be rebuilt, and his ankle didn’t bend properly any more after the fall.

The court heard in another breach by the company there was no fall protection, such as guard railings on the plant-room roof, where subcontractors were working.

Ms Tatas said the roof was about 6m high, and there were three exposed edges.

Ms Tatas said both breaches were “equally serious” and showed “disregard for fall protection safety”.

“They should’ve taken action,” she said.

Jeftomson Logistics’ defence counsel Robert O’Neill said his client apologised for its role in the worker being injured.

He said Jeftomson Logistics had been in the fruit business for 75 years, and was proud of its otherwise “clean record” over its history.

Mr O’Neill said the refurbishment of the cannery was being done in a way to “retain the history of the building”, which “added to the complexity of the project”.

The correct flooring material had been ordered, but was delayed and “taking months to come” due to COVID-19 delays, Mr O’Neill told the court.

He said an unsuitable material was used for the floor instead, but there was “no good explanation” for the lack of railing on the roof.

Mr O’Neill said Jeftomson Logistics had been sold, and the project had since been completed with the heritage aims achieved by a different company.

He said Jeftomson Logistics had a strong involvement in the community, and showed its “good character” in other ways such as donating money and fruit to local organisations.

In sentencing Jeftomson Logistics, magistrate Simon Zebrowski acknowledged the strong contributions the company had made to the local community.

However, he said the breaches were “serious”, noting the victim’s “significant and long-lasting injuries”, and the height people were working at with no protection.

“Someone could’ve quite easily died from falling off,” he said.

“The potential for disaster is extraordinary.”

Jeftomson Logistics Pty Ltd was fined $40,000, without conviction, and ordered to pay $5424 in legal costs.