Kingfisher Bay Resort Village Pty Ltd
Incident description:
A worker was cleaning leaves out of a gutter on an awning roof at a resort. The top of the gutter was 3.74 metres above the ground and the worker was using an extendable ladder to reach the gutter. As the worker was climbing down the ladder he fell and injured his back.
Investigation findings:
The company did not provide any safe systems of work or work procedures for cleaning gutters, accessing roof areas or working at heights. The company also failed to provide appropriate training, instruction and supervision for either the injured worker or the worker's supervisor.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, the company:
- provided additional training and supervision to all grounds staff
- developed and implemented safe work procedures for use of ladders and working at height while cleaning gutters
- introduced the use of harnesses and installed appropriate anchor points on all roofs with slopes of less than 20 degrees
- prohibited access to roof areas with slopes of greater than 20 degrees.
Obligaton holders should consider the Plant Code of Practice 2005, in particular part 5.22 Instruction, Training and Supervising Workers.
Court result:
The company was found guilty and fined $33,000 with no conviction recorded.
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Industry:
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Accommodation
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Defendant:
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Kingfisher Bay Resort Village Pty Ltd (ABN 89 050 542 955)
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Date of offence:
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19 May 2006
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Location of offence:
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Fraser Island
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Injury:
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Fractured spine
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Offence:
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Grievous bodily harm
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Court:
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Maryborough Industrial Magistrates Court
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Magistrate:
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Mr Niel Lavering
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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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29 August 2007
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Penalty:
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$33,000
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Maximum fine available:
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$375,000
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Investigation costs
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$1,400
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Professional and legal costs:
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$750
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Court costs:
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$64.20
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In default period to pay:
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6 months
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Conviction recorded:
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No
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CIS No.:
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49082
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