A mobile crane operator has been convicted and fined $20,000 for his breach of s.32 of the OHS Act – reckless endangerment placing other persons at a workplace at risk of serious injury – in relation to a crane tip-over at a Williamstown construction site in October 2023.
The principal contractor at the residential construction workplace had engaged a crane company to undertake lifting activities at the workplace and that crane company had in turn engaged another crane company to assist with extra work and the lifting activities. Nathan Fenton, a licensed crane operator, was employed as a Mobile Crane Operator and Dogman by that third company.
Fenton had originally been tasked with operating a 60 to 70-tonne crane at the workplace, but on the day of the incident a crane of that size was not available, so a 200-tonne substitute crane went out to the workplace and was reconfigured to a 70-tonne set up. At the workplace, another crane operator, was operating a 70-tonne all terrain crane.
Fenton was operating the 200T all-terrain crane when it toppled over with a fully extended boom and fell onto another crane. The operator of the second crane escaped injury and was able to shut down the crane and remove himself from the cabin without injury, but Fenton required assistance to exit his crane.
WorkSafe’s investigation found Fenton was operating the crane outside its rated capacity, after its load limiter override switch had been activated. They found that use of the load limiter override switch allowed the 200-tonne crane to be luffed down outside of its rated capacity, causing the crane to overturn. The data further revealed that Fenton’s crane had been overloaded at multiple points during the day, and the load limiter bridged so the crane could continue lifting loads beyond its limit. The crane was lifting at, or over, its limit for most of the day and it was not appropriate for the work. The bridging of the load limiter allowed the crane's boom to be lowered outside an allowable radius while it was overloaded, causing the crane to overturn.
The investigation also found a number of unsafe dogging practices were occurring at the site, including where the dogman was standing close to moving loads and at risk of being crushed. CCTV footage also showed people were standing beneath suspended loads on multiple occasions.
In sentencing Fenton to the $20,000 fine, the Court took into account the seriousness of his breaches, his lack of relevant prior criminal history, comparable cases and his early guilty plea.
It should also be noted that Fenton’s employer was not charged over the incident. Crane operation is a highly regulated industry that requires operators to obtain the appropriate licence and certification before handling lifting equipment. Whilst employers retain their duty to provide a safe workplace and safe systems of work, and must verify that their crane operators hold the necessary licences and have completed accredited training, responsibility still rests on the licence holder to perform their crane activities in a safe and compliant manner.
The crane tip-over incident for which Mr Fenton was fined was reported by mainstream media at the time of the incident - Ch9 News | Williamstown worksite shut down after crane incident.
In February 2025 the Sentencing Advisory Council released a report to the Victorian Government making 12 recommendations for reform regarding the sentencing of OHS offences in Victoria. This included significantly increasing maximum penalties for breaching OHS duties in line with community expectations. The Victorian Government is yet to provide a response to this report.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria