Smiths Haulage Pty Ltd
Incident description:
A truck driver was killed in the process of unloading a truck which contained rolls of plastic coils weighing up to approximately 300 kg each. The straps holding the load on the truck had been removed and the worker was removing the gates on the side of the truck. As the worker attempted to remove one of the gates, the load on the truck moved. One roll of coils fell from the truck and struck the worker on the head. A further five rolls then fell on the worker, fatally crushing him.
Investigation findings:
The company which had engaged the worker’s employer to deliver the load have specific procedures in place for loading and unloading trucks. These procedures state that straps and side gates should not be removed before a forklift is in place. The procedures also require truck drivers to telephone to say they are arriving or report to the office. However, in this case, the truck driver did not follow the stated procedures.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Measures to adequately secure the load components against movement when external gates have been removed and the separate internal load restraints are removed.
Obligation holders should consider the requirements of the Plant Code of Practice 2005, particularly part 1.8 Design to Facilitate Safe Use, part 5.4 Operation, part 5.13 Inspection and 5.22 Instructing, Training and Supervising Workers. They should also consider section 35 of the Workplace Health and Safety Act 1995 'obligations of owners of plant'.
Court result:
The company was found guilty and fined $60,000 with no conviction recorded.
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Industry:
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Road freight transport
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Defendant:
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Smiths Haulage Pty Ltd (ABN 86 071 991 396)
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Date of offence:
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1 July 2005
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Location of offence:
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Brendale
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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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Petrie 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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5 July 2007
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Penalty:
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$60,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$2,718
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Professional and legal costs:
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-
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Court costs:
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$65.40
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In default period to pay:
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12 months, 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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E36423
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