Suncoast Pipelines Pty Ltd trading as Suncoast Group
Incident description:
Two workers were laying pipes in a trench approximately 3.6 metres deep. One of the workers left the trench temporarily. The worker in the trench then became aware that the eastern wall of the trench was collapsing. He ran to get out, but was hit by the collapsing coffee rock and sand. He suffered fatal head and chest injuries.
Investigation findings:
Obligation holders had ordered a proprietary steel box shoring system, but it had not yet been delivered to the site. The foreman inspected the trench and determined that it was safe enough to proceed with the work.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)The company 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 Workplace Health and Safety Regulation 1997, in particular section 210, subdivision 9, Division 3 ‘risk from working in trench more than 1.5m deep’ and section 212, subdivision 9, Division 3 ‘Events in trench more than 1.5m deep that is not shored, benched or battered’.
Court result:
The company was found guilty and fined $60,000 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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Suncoast Pipelines Pty Ltd trading as Suncoast Group (ABN 35 093 512 371)
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Date of offence:
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7 December 2005
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Location of offence:
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Ningi
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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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Caboolture 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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21 June 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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$3,894
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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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6 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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42987
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