Widjara Park Pty Ltd
Incident description:
Three workers were using a trailer towed by a tractor to transport hay bales. One of the workers was riding upon the trailer. As they went up a slope, the draw bar on the trailer broke and the trailer separated from the tractor. The worker riding on the trailer either jumped or fell off and the trailer rolled backwards over him. The worker died as a result of crush injuries to his head and upper body.
Investigation findings:
The trailer was made by attaching an extra axle and an A-frame draw bar to the body of an old truck.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)The trailer was permanently removed from service to prevent a similar incident.
Obligation holders should consider the requirements of section 27A of theWorkplace Health and Safety Act 1995 which outlines obligations relating to risk management. They should also consider the requirements of the Rural Plant Industry Code of Practice 2004, in particular section 3 Risk Controls for rural plant .
Court result:
The company entered a guilty plea and was fined $57,500 with no conviction recorded.
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Industry:
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Agriculture
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Defendant:
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Widjara Park Pty Ltd (ABN 13 105 470 728)
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Date of offence:
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17 November 2005
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Location of offence:
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Boyland
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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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Beenleigh Industrial Magistrates Court
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Magistrate:
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Mr Trevor Morgan
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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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1 June 2007
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Penalty:
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$57,500
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Maximum fine available:
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$375,000
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Investigation costs:
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$5,000
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Professional and legal costs:
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-
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Court costs:
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$63.50
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In default period to pay:
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90 days, 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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42250
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