Mt Isa Rugby Union Club Incorporated
Incident description:
A child was found lying in a septic tank at a rugby club. The child died as a result of inhaling contaminated fluid.
Investigation findings:
The lid designed to cover the section of the tank the child fell in was missing at the time of the incident. As the waste in the tank was pumped away by an automated process, there was no reason for this lid to remain unsecured. The lid had been removed a couple of times prior to the incident by an unknown person or persons and was subsequently replaced by the president of the club. There were no restrictions in terms of access to the tank by any person or persons entering the grounds.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, the club took action to secure the lid of the septic tank with a padlock.
Obligation holders should consider the requirements of section 27A of the Workplace Health and Safety Act 1995 which outlines obligations relating to risk management. The company should also consider the Plant Code of Practice 2005, in particular part 10.0 Obligations of owners of plant and 5.13 Inspection and 5.14 Maintenance, Servicing and Cleaning.
Court result:
The club was found guilty and fined $50,000 with no conviction recorded.
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Industry:
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Sports and services to sports
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Defendant:
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Mt Isa Rugby Union Club Incorporated (ABN 86 313 801 631)
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Date of offence:
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26 August 2005
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Location of offence:
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Mt Isa
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Injury:
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Fatal bronchopneumonia
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Offence:
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Fatality
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Court:
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Mt Isa Industrial Magistrates Court
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Magistrate:
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Mr S Luxton
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Legislation:
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s.28(3) 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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25 July 2007
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Penalty:
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$50,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$2,965
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Professional and legal costs:
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$1,095
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Court costs:
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-
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In default period to pay:
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2 years
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Conviction recorded:
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No
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CIS No.:
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E38656
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