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