Fraser, Norman James
Incident description:
A worker was killed when he and two other workers were unloading 9 metre long power poles from a truck. A grab hook that was scissor-like in design was being used to unload the poles. As one of the poles was being lifted, it overbalanced and slipped in the grab scissors. The butt end of the pole struck the ground, causing the scissors to release the pole. The pole fell on one of the workers.
Investigation findings:
The task was being conducted with tools that were not suitable. The workers had decided to use a grab hook instead of the usual sling because the poles were packed very tightly together and it was not convenient to use the sling. The grab hook was only intended to be used to occasionally raise one end of a pole on the ground. The supervisor had left the site on the understanding that another supervisor would be there shortly. No supervisor was present when the decision was made to use the grab hook. Furthermore, no instruction or training had been provided for circumstances in which slings or chains could not be used. No risk assessment was undertaken for this task.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Systems implemented to ensure risk assessments are carried out and that plant appropriate for the undertaking are used and that adequate training and instruction is provided.
Obligation holders should consider the requirements of section 27A of theWorkplace Health and Safety Act 1995 which outlines obligations relating to risk management and the Plant Code of Practice 2005 (part 5), in particular part 5.4 Operation (of plant) and part 5.22 Instructing, Training and Supervising Workers.
Court result:
Fraser was found guilty and fined $10,000 with no conviction recorded.
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Industry:
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Electricity supply
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Defendant:
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Fraser, Norman James (ABN 17 765 123 277)
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Date of offence:
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2 October 2006
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Location of offence:
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Rockhampton
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Injury:
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Fatality
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Offence:
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Fatality
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Court:
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Mackay Industrial Magistrates Court
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Magistrate:
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Mr Athol Kennedy
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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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4 October 2007
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Penalty:
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$10,000
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Maximum fine available:
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$75,000
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Investigation costs:
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$750
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Professional and legal costs:
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nil
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Court costs:
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nil
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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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54106
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