Barry Bros. Specialised Services Pty Ltd
Incident description:
A worker sustained a fractured left arm when an unrestrained high pressure hose, fitted upon a mobile drain cleaning unit, burst and struck him.
Investigation findings:
The investigation found that while the obligation holder had identified hazards and appropriate methods to control the risks associated with the machine, systems were not in place to ensure adequate implementation of these controls.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Adequate implementation of controls requires that workers are suitably trained and instructed in their use, and that adequate monitoring and enforcement such as competency checks, signage and systems of work be implemented.
Court result:
The defendant pleaded guilty and was fined $33,000. No conviction was recorded.
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Industry: |
Cleaning services |
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Defendant: |
Barry Bros. Specialised Services Pty Ltd (ANZSIC code 7866) |
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Date of offence: |
15 May 2007 |
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Location of offence: |
Murrarie |
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Injury: |
Broken left arm |
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Offence: |
Grievous bodily harm |
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Court: |
Wynnum Industrial Magistrates Court |
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Magistrate: |
Mr Robert Quinlan |
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Legislation: |
s.28(1) Workplace Health and Safety Act 1995 |
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Plea: |
Guilty |
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Decision date: |
5 December 2008 |
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Penalty: |
$33,000 |
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Maximum fine available: |
$375,000 |
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Investigation costs: |
$1,905.05 |
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Professional and legal costs: |
Nil |
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Court costs: |
$68.80 |
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In default period to pay: |
Three months to pay, in default levy and distress |
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Conviction recorded: |
No |
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CIS No.: |
63483 |
Visit the Workplace Health and Safety Queensland website for more information on:
- obligations when modifying plant
- safeguarding machinery and plant (PDF, 736kB)
- how to conduct risk assessments (PDF, 143kB) or develop safe operating procedures (PDF, 321kB)