Savills (QLD) Pty Ltd
Incident description:
A cleaner was killed after opening heavy security gates at a shopping centre. The gates, weighing approximately 900 kg each, opened from the centre to the sides and retract on the inside of the façade concrete side walls. The gates were activated by a key being placed in a magic eye activation control box. After activating the gates in this manner, the worker walked parallel to the gates as they were opening. However, the eastern gate malfunctioned and, instead of sliding into its usual position inside the concrete walls, it moved in the opposite direction. As it moved past the centre of the opening, the gate fell on top of the worker, who died as a result.
Investigation findings:
The day before the incident, the eastern gate could not be fully opened. That evening, security staff attempted to close the gate with a steel bar. They notified the shopping centre managers, who did not isolate the gates from use or implement controls to minimise risk. The shopping centre managers were already aware of problems with the security gate as complaints had been raised by security and cleaning staff prior to the incident. During construction, a temporary stop had been welded to the top of the gate to prevent the gate from opening past its limits. However, on the day of the incident the stop was not attached to the gate and was found on the concrete floor.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, the company engaged an engineer to assess the safety of all the gates at the shopping centre.
Obligation holders should consider the requirements of the Plant Code of Practice 2005, in particular part 1. 'Obligations of Designers of Plant' and part 5. 'Obligations of Persons Conducting a Business or Undertaking'.
Court result:
The company was found guilty and fined $90,000 with no conviction recorded. Two other obligation holders are in the process of being prosecuted.
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Industry:
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Retail trade
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Defendant:
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Savills (QLD) Pty Ltd (ABN 14 010 654 109)
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Date of offence:
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10 December 2005
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Location of offence:
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Nambour
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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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Maroochydore Industrial Magistrates Court
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Magistrate:
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Mr Barry Barrett
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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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18 October 2007
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Penalty:
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$90,000
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Maximum fine available:
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$375,000
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investigation costs:
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$4,529.22
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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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28 days
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Conviction recorded:
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No
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CIS No.:
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43440
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