Munro, Phillip James
A worker was working on a roof when he fell through a brittle fibreglass skylight in the lower section of the roof being replaced. The worker sustained a fractured skull and vertebra.
Investigation findings:
Other skylights had been identified and covered with material to prevent anyone from falling through, however, this particular skylight had not been identified and covered. The skylight in question was not located in the immediate work area – it was located on another area of the roof adjacent to the work area.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Systems should be put in place to ensure proper and adequate identification of potential hazards and appropriate control measures put in place to prevent this type of incident for all areas connected with the undertaking.
Obligation holders should consider the requirements of subdivision 10 of the Workplace Health and Safety Regulation 1997 which outlines a 'relevant person's obligation for risk of a person falling'.
Court result:
Munro was found guilty and fined $7,500 with no conviction recorded.
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Industry:
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Water supply, sewerage and drainage services
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Defendant:
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Munro, Phillip James (ABN 66 295 716 180)
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Date of offence:
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26 October 2005
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Location of offence:
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Clermont
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Injury:
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Fractures to the skull and second cervical vertebra
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Offence:
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Grievous bodily harm
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Court:
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Rockhampton Industrial Magistrates Court
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Magistrate:
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Mr Damien Dwyer
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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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Not guilty
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Decision date:
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16 November 2007
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Penalty:
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$7,500
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Maximum fine available:
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$56,250
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Investigation costs:
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$3,151.25
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Professional and legal costs:
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$1,500
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Court costs:
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$64.50
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In default period to pay:
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Fine referred to the State Penalties Enforcement Registry
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Conviction recorded:
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No
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CIS No.:
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41651
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