Sunwater
Incident description:
A dam was being cleared using a channel scraper which was propelled by water pressure within the dam. The scraper was attached to a loader on the left-hand bank of the dam by means of a doubled-up wire rope stretching 30 metres. The scraper was moving downstream, guided by the loader, but had to be stopped when it came to a gate. The scraper was then disconnected from the loader, lifted over the gate by a backhoe then reconnected to the loader on the other side of the gate. The rope connecting the loader and the scraper had a certain amount of slack in it and became caught around a water wheel. The gate was then lifted slightly in order to create enough flow for the scraper to start moving again. As the gate was lifted, the water propelled the scraper forward. This caused the rope to unhook itself from the water wheel and whip across to its corrected position. A worker standing on the left-hand bank next to a foot bridge was struck in the lower right leg by the rope and pinned up against the foot bridge. He sustained multiple fractures to his right leg.
Investigation findings:
The investigation found that the system of work used to scrape irrigation canals exposed persons to risks of being struck by load bearing wires. The instruction of workers undertaking this operation was also found to be inadequate.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, the government entity responsible for the dam, reviewed the entire operation and tested and implemented a new system eliminating the need to use wire ropes. It also formalised instructions to all personnel and provided the information through a compulsory induction process.
Obligation holders should consider the requirements of the Risk Management Code of Practice 2007 and the requirements of Section 27A of the Workplace Health and Safety Act 1995 which outlines obligations relating to risk management. The company should also consider the requirements of the Plant Code of Practice 2005, in particular part 5.8 Powered mobile plant.
Court result:
The entity was found guilty and fined $32,500 with no conviction recorded.
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Industry:
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Water supply
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Defendant:
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Sunwater (ABN 17 020 276 523)
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Date of offence:
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16 June 2006
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Location of offence:
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Mareeba
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Injury:
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Multiple fractures to lower right leg
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Offence:
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Grievous bodily harm
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Court:
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Brisbane Industrial Magistrates Court
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Magistrate:
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Ms Wendy Cull
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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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7 June 2007
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Penalty:
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$32,500
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Maximum fine available:
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$375,000
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Investigation costs:
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-
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Professional and legal costs:
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$750
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Court costs:
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$64.30
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In default period to pay:
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1 month
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Conviction recorded:
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No
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CIS No.:
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E48931
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