JM Kelly Builders Pty Ltd

Incident description:

An incident occurred when a worker was marking out the position of piping on the underside of a concrete slab. He was standing on an elevated work platform (EWP) known as a scissor lift. As he was marking out the slab, the worker leaned over the control panel and accidentally engaged the joystick controller. This caused the EWP to shoot upwards, crushing the worker between the concrete slab and the EWP's control panel and handrail. The worker sustained spinal nerve damage.

Investigation findings:

The investigation found that if the safety interlock circuit ('dead man' control) had not been overridden, the incident would not have occurred. Evidence suggested that the 'dead man' was accidentally overridden when a modification was made to the control panel to fix a problem with the speed control. The EWP did not belong to the company. It was hired from an industrial rental company. The investigation also found that daily maintenance checks were not performed. The workers using the EWP did not know that the 'dead man' control was not working, but a generic maintenance check would have highlighted the problem.

Considerations for prevention:

Implement systematic, regular maintenance checks on all plant to ensure condition of plant is appropriate to carry out the necessary functions.

Obligation holders should consider the requirements of the Plant Code of Practice 2005, particularly part 5.13 Inspection and 5.22 Instructing, Training and Supervising Workers.

Court result:

The company was found guilty and fined $45,000 with no conviction recorded.

• Guide to machinery and equipment safety (PDF, 400kB)
• Plant Code of Practice 2005