A Canberra construction company and its director have been convicted and fined after a worker suffered serious injuries, including the amputation of a toe, when he was struck by an excavator bucket at a Gungahlin worksite.

Fed Consulting Services Pty Ltd and its director, Stephen Gelo, were found guilty of Category 2 offences under the Work Health and Safety Act 2011.

Magistrate Ian Temby fined Fed Consulting $100,000 and its director $10,000 over the November 2022 incident.

The court heard a worker’s foot was struck by an excavator bucket being operated by Mr Gelo at a construction site in Gungahlin. The worker suffered significant injuries and required extensive medical treatment, including the amputation of a toe.

In his decision, Magistrate Temby found Mr Gelo and the company failed to follow their own safety procedures and a Safe Work Method Statement that included measures designed to protect workers from powered mobile plant.

The court found the risk posed by the excavator was obvious and that simple, cost-free control measures were available to prevent the incident.

Mr Gelo was also found to have failed to take reasonable care that his actions while operating the excavator did not adversely affect the health and safety of others.

While convicting both defendants, Magistrate Temby noted the incident was an “isolated departure from their ordinary standards of conduct” and took Mr Gelo’s remorse into account during sentencing.

Work Health and Safety Commissioner Jacqui Agius said the case highlighted the serious consequences that can arise when basic safety measures are not followed.

“Once again, we have an incident where a worker is seriously harmed due to failures by those responsible for their health and safety, in circumstances where the risk was obvious and the measures to address the risks were equally obvious, straightforward and costless,” Ms Agius said.