Johnstone, Neil Warren trading as Coastline Tree Services
Incident description:
A worker was struck by a tree being felled. The worker was working within the danger area of within one tree length when a tree was being felled by a chain saw.
Investigation findings:
Inspectors found there was a systematic tolerance of unsafe work practices including the non-enforcement of exclusion zones.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)The company put in place and vigorously enforced an exclusion zone to ensure the safety of workers.
Obligation holders should consider the requirements of section 27A of the Workplace Health and Safety Act 1995 which outlines obligations relating to risk management. They should also consider the requirements of the Forest Harvesting Code of Practice 2007, in particular Part A Harvesting operations safety.
Court result:
The company was fined $8,000 with no conviction recorded.
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Industry:
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Logging
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Defendant:
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Johnstone, Neil Warren trading as Coastline Tree Services (ABN 98 198 069 306)
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Date of offence:
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8 August 2006
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Location of offence:
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Redland Bay
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Injury:
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Spinal cord injuries
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Offence:
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Grievous bodily harm
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Court:
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Cleveland Industrial Magistrates Court
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Magistrate:
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Mr Warfield
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Legislation:
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s.30(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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7 September 2007
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Penalty:
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$8,000
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Maximum fine available:
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$75,000
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Investigation costs:
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$1,223
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Professional and legal costs:
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nil
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Court costs:
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$64.30
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In default period to pay:
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12 months
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Conviction recorded:
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No
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CIS No.:
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E51965
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