Walk, Garry Robert
Incident description:
An incident occurred when a worker was cleaning out a conveyor attached to a cane haulout bin at the back of a tractor. The worker set the main elevator running so he could use a fire hose to clean the haulout bin. The worker climbed into the bin and proceeded to clean off debris from the arms of the conveyor. As he went to kick some debris from one of the conveyor's arms, his foot got caught by an arm of the conveyor. Another arm then came down and severed his left leg below the knee.
Investigation findings:
- Walk did not provide training or supervision to the worker.
- The worker had not been assessed as competent to clean out the conveyor.
- No risk management was undertaken regarding the cleaning or maintenance of the conveyor.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, Walk sold the transporter and developed safe work procedures for other items of plant.
Obligation holders should consider the requirements of the Plant Code of Practice 2005 (part 5.), in particular part 5.1 Risk Management, part 5.14 Maintenance, Servicing and Cleaning and part 5.22 Instruction, Training and Supervising Workers.
Court result:
Walk was found guilty and fined $8,000 with no conviction recorded.
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Industry:
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Sugar cane growing
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Defendant:
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Walk, Garry Robert (ABN 15 719 235 229)
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Date of offence:
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23 August 2006
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Location of offence:
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Farnsfield
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Injury:
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Amputation of lower left leg
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Offence:
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Grievous bodily harm
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Court:
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Bundaberg Industrial Magistrates Court
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Magistrate:
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Ms Jennifer Batts
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Legislation:
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s.28(1) and s.24(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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23 October 2007
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Penalty:
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$8,000
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Maximum fine available:
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$75,000
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Investigation costs:
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$2,017.60
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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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6 months
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Conviction recorded:
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No
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CIS No. :
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52800
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