Pine Rivers Shire Council
Incident description:
A worker was crushed and killed by a reversing water tanker during road construction. The water tanker was being used to dampen the worksite and fill on the worksite. The tanker was in reverse for about 50% of its time on site. A worker standing behind the tanker was not in view of the tanker’s mirrors and the driver of the tanker reversed the tanker over the worker. Another worker attracted the driver’s attention and the driver then drove the tanker forward and to the right, fatally crushing the head of the worker under the tanker.
Investigation findings:
The Council had no procedures in place for to people working near reversing machines. The workplace had numerous machines operating simultaneously within close proximity to each other and often reversing at the same time, all with similar audible reversing warning alarms. Handheld radios or other communication devices were not provided to pedestrian workers on site.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, the Council:
- installed a CCTV camera to the rear of the truck so the driver can monitor the ‘blind spot’ area
- implemented expanded training
- documented daily checking process for drivers of the vehicles
- uses dedicated spotters to control the movement of vehicles and/or persons
- uses reversing cameras to monitor the area to the rear of the vehicle including the normal blind spot when using mirrors.
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 Plant Code of Practice 2005, in particular part 1.1 Risk management for design of plant, part 5.4 Operation, 5.8 Powered mobile plant.
Court result:
The Council was found guilty and fined $14,000 with no conviction recorded.
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Industry:
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Road and bridge construction
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Defendant:
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Pine Rivers Shire Council (ABN 88 690 848 772)
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Date of offence:
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1 November 2005
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Location of offence:
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Warner Lakes
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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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Brisbane Industrial Magistrates Court
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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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16 July 2007
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Penalty:
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$14,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$3,000
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Professional and legal costs:
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$750
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Court costs:
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$64.20
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In default period to pay:
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1 month, in default levy and distress
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Conviction recorded:
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No
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CIS No.:
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41481
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