A total of nine complaints and summonses have been issued to four people and one business for their alleged involvement in an incident which led to the death of two workers at Eagle Farm Racecourse in 2016.
The two workers were killed while working in a construction pit when they were crushed by a concrete slab in October 2017.
The person in control of the construction is facing manslaughter charges brought by the Queensland Police Service under the Criminal Code. Because of this, he is not facing charges under the Work Health and Safety Act 2011 on the deaths of the two workers.
However, the man is facing one reckless conduct charge with respect to construction of the foul water drainage tank involved in the incident. This is a category 1 charge, and if found guilty, the person in control of the construction faces a maximum five years’ imprisonment or a fine of $300,000.
The principal contractor for the site had overall responsibility for safety. It is alleged that the principal contractor was reckless in its risk assessments and management of the site by not enforcing compliance with safe work method statements, following codes of practice, and establishing clear exclusion zones.
The company is charged with two offences of reckless conduct arising from its management and control at the site and the construction of each of the foul water drainage tanks. If found guilty, the company is liable for fines of up to $3m.
The director of this company faces two charges relating to his duties of due diligence. It is alleged that he should have done more to ensure the company complied with its work health and safety duties by acquiring and keeping up-to-date knowledge of safe work method statements and understanding the risks associated with the construction of the foul water drainage tanks. The allegation is that he failed to ensure the company used appropriate resources and processes to minimise the risks arising from the construction of each tank and that all workers involved were appropriately trained and experienced.
It is alleged that the site manager did not meet his duties and allowed workers to be placed at risk during the construction of both pits and is facing two charges relating to duty of care.
The operator of the crane used to lift the massive concrete panels over the heads of the workers while they were in the pits is facing two charges of not adhering to reasonable and accepted safe practices.