Programmed Maintenance Services Ltd
Incident description:
Two workers were painting the outside of a building which included two balcony areas approximately 3.4 metres above the ground and approximately 5 metres apart. A 6 metre aluminium plank was placed between the two balcony areas. At one point, the plank fell off the balcony and as one end fell, the other end struck one of the workers. The worker was knocked off the unguarded balcony area where he had been working and struck the ground. The worker suffered significant injuries, including fractures to both legs.
Investigation findings:
- only part of the balcony area was contained by handrails.
- the supervisor of the two workers had observed the work being undertaken and did not prevent the worker from continuing to work at the height of approximately 3.4 metres without fall protection.
- there was no instruction, training or proper supervision provided to the worker with respect to the work task.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)A working platform with edge protection would have prevented this incident. Secured planks with rails would also have prevented this incident.
Obligation holders should consider the requirements of Section 27A of theWorkplace Health and Safety Act 1995 which outlines obligations relating to risk management. They should also consider the Risk Management Code of Practice 2007.
Court result:
The company pleaded guilty and was fined $35,000 with no conviction recorded.
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Industry:
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Painting and decorating services
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Defendant:
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Programmed Maintenance Services Ltd (ABN 61 054 742 264)
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Date of offence:
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14 November 2006
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Location of offence:
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Yeppoon
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Injury:
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Fractured legs
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Offence:
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Grievous bodily harm
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Court:
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Yeppoon Industrial Magistrates Court
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Magistrate:
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Ms Annette Hennessy
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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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8 November 2007
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Penalty:
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$35,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$950
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Professional and legal costs:
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Nil
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Court costs:
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$66.50
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In default period to pay:
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3 months
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Conviction recorded:
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No
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CIS No.:
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E55835
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