Trailers 2000 Pty Ltd
Incident description:
A worker was showing another worker how to use a pan brake folding machine to fold a part for a trailer. Both workers were placing metal sheets in the folder and lining them up. The more experienced worker would then stand back and give a nod to the new worker to indicate he could operate the foot pedal which activated the folding machine. Several sheets had been folded successfully, but as the new worker was preparing to operate the machine again, the experienced worker said he needed to line his sheet up and he reached under the clamp to line up the sheet. However, the new worker was wearing hearing protection and proceeded to operate the machine with the foot pedal, causing the machine's clamp to come down on his colleague's left arm. The injured worker sustained multiple fractures to his left forearm.
Investigation findings:
The new worker was not adequately trained and the two workers not adequately supervised. Also, there was no safety guard fitted to the pan brake folder.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the Incident:
- a safe working procedure was developed for the pan brake folder machine and relevant workers have been trained and instructed in its use
- use of the pan brake folder by more than one person has been prohibited
- the closing speed of the clamp on the pan brake folder has been hydraulically modified so that it closes very slowly.
Obligation holders should consider the Plant Code of Practice 2005, particularly part 5.4 Operation, part 5.22 Instruction, Training and Supervising Workers and part 1.8 Design to Facilitate Safe Use. The requirements of Section 27A of the Workplace Health and Safety Act 1995 which outlines obligations relating to risk management should also be considered.
Court result:
The company was found guilty and fined $30,000 with no conviction recorded
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Industry:
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Motor vehicle body manufacturing
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Defendant:
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Trailers 2000 Pty Ltd (ABN 91 076 601 048)
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Date of offence:
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2 May 2006
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Location of offence:
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Beerwah
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Injury:
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Multiple fractures to left forearm
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Offence:
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Grievous bodily harm
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Court:
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Caloundra Industrial Magistrates Court
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Magistrate:
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Ms Diane Fingleton
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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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10 June 2007
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Penalty:
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$30,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,000
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Professional and legal costs:
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-
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Court costs:
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$64
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In default period to pay:
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6 months
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Conviction recorded:
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No
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CIS No.:
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48394
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