Willis Bros. Marble & Granite Pty Ltd
Investigation findings:
A stonemason was helping to unload stone slabs weighing approximately 200 kg each from a truck. The slabs were being lifted three at a time by a forklift onto a metal A-frame storage rack. Once the weight shifted off the lifting clamp, the worker flicked the switch on the lifting clamp to release the slabs. As the worker was walking out from between the two A-frames where he had been standing, the lifting clamp struck the top of the first A-frame, causing the recently placed stone slabs to fall towards the worker. The second A-frame and a perimeter fence were blocking the worker from moving out of the way. The worker put out his hands to protect himself and broke both his wrists.
Investigation findings:
The injured worker stated that he was surprised and shocked that the company director was lifting three slabs with the clamp and forklift as he had heard him on many occasions warn other workers not to lift three slabs at a time. Although he never explained why you should not do this, the injured worker stated that in his experience you can only just fit three slabs into the lifting hoist. The systems in place for this type of work were inadequate.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Workers should have been prevented from standing in a position where they could have been struck by falling granite slabs and the employer was required to develop and implement safer methods for lifting slabs in the workplace.
Obligation holders 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 Plant Code of Practice 2005, in particular part 1.1 Risk management for design of plant, part 5.4 Operation, 5.8 Powered mobile plant. Australian Standard AS2359 Powered Industrial Trucks should also be considered.
Court result:
The company pleaded guilty and was fined $33,000 with no conviction recorded.
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Industry:
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Road freight transport
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Defendant:
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Willis Bros. Marble & Granite Pty Ltd
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Date of offence:
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27 July 2006
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Location of offence:
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Carrara
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Injury:
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Broken wrists
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Offence:
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Grievous bodily harm
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Court:
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Southport Industrial Magistrates Court
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Magistrate:
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Mr Dermot Kehoe
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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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19 November 2007
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Penalty:
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$33,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,233.71
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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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18 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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51558
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