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Mt Isa Rugby Union Club Incorporated

Summary

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.

Details
   
Industry:
Sports and services to sports
Defendant:
Mt Isa Rugby Union Club Incorporated (ABN 86 313 801 631)
Date of offence:
26 August 2005
Location of offence:
Mt Isa
Injury:
Fatal bronchopneumonia
Offence:
Fatality
Court:
Mt Isa Industrial Magistrates Court
Magistrate:
Mr S Luxton
Legislation:
s.28(3) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
25 July 2007
Penalty:
$50,000
Maximum fine available:
$375,000
Investigation costs:
$2,965
Professional and legal costs:
$1,095
Court costs:
-
In default period to pay:
2 years
Conviction recorded:
No
CIS No.:
E38656

 

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