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Cairns Synergy Electrical

Summary

Incident description:

An electrician was replacing the main box and point of attachment for a power cable at a massage and beauty clinic. The worker was standing on a metal sheeted roof with two rows of fragile plastic sheets providing light to the interior of the building. The worker mistook the sheets for stronger sheets, stepped on the them and fell approximately five metres to the table/ground below. The worker sustained a broken forearm and wrist.

Investigation findings:

The investigation found that:

  • The company did not have any written instructions/policies/work method statements in relation to working on fragile roofs.
  • The company had not provided the worker with a safety induction when he commenced working for them.
  • The company did not own an Elevated Work Platform.
  • There was no safety mesh under the fragile plastic sheets or warning signs on the building.

Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

The company has since produced a series of work procedures to manage risks such as working at heights and fragile roof material.

Obligation holders should consider the requirements of section 28 and section 29 of the Workplace Health and Safety Act 1995 which outlines 'obligations of persons conducting business or undertaking' and 'what obligations under section 28 include'.

Court result:

Cairns Synergy Electrical was found guilty and fined $25,000 increased to ($38,000 on appeal) with no conviction recorded.

Details
   
Industry:
Electricity supply
Defendant:
Cairns Synergy Electrical (ABN 21 109 198 843)
Date of offence:
9 June 2005
Location of offence:
Cairns
Injury:
Broken forearm and wrist
Offence:
Grievous bodily harm
Court:
Cairns Industrial Magistrates Court
Magistrate:
Mr Trevor Black
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
24 June 2007
Penalty:
$25,000 (increased to $38,000 on appeal)
Maximum fine available:
$375,000
Investigation costs:
$1,500
Professional and legal costs:
-
Court costs:
$64.30
In default period to pay:
12 months
Conviction recorded:
No
CIS No.:
E35713

 

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