Hanson Building Products Pty Ltd
Incident description:
A worker was using a forklift to deposit a load of timber outside a factory shed entrance. The worker failed to lower the mast of the forklift before attempting to enter the shed. The mast collided with the steel channel beam across the top of the entrance, causing the forklift to tip over. The worker fell out of the operator's seat and was fatally crushed by the forklift.
Investigation findings:
As the task being performed by the worker at the time of the incident was a task that was performed frequently, the risks associated with the height of the roof should have been identified and control measures put in place by the obligation holder given the potential for contact if the operator maintained the mast at a certain height.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, the company installed warning signs at the entrance of the shed and erected a protruding metal frame with hanging chains as a warning device for forklift drivers of potential risk of impact with the top beam of the entrance to the shed. All forklift operators received induction and were advised of the potential risk and to reiterate their obligations as a holder of a certificate in a prescribed occupation.
Obligation holders should consider the requirements of the Plant Code of Practice 2005, in particular part 5.8 Powered mobile plant.
Court result:
Hanson Building Products was found guilty and fined $60,000 with no conviction recorded.
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Industry:
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Construction services
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Defendant:
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Hanson Building Products Pty Ltd (ABN 31 009 687 521)
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Date of offence:
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4 February 2006
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Location of offence:
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Mt Louisa
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Injury:
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Fatality
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Offence:
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Fatality
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Court:
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Townsville Industrial Magistrates Court
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Magistrate:
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-
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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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15 October 2007
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Penalty:
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$60,000
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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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$750
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Court costs:
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$65.40
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In default period to pay:
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3 months, in default levy and distress
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Conviction recorded:
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No
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CIS No.:
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E44938
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