Bean Growers Australia Limited
Incident description:
A member of the public (farmer) sustained fatal injuries while collecting bean waste (gradings) for his livestock when a metal bin carried by a forklift slipped from the tynes and fell on him.
WHSQ investigation findings:
The farmer, who was well known to the defendant, had collected gradings (free of charge) for some 30 years. He had climbed onto the tray of his utility to scrape out the remaining gradings when the metal bin fell on him.
The system of work for the unloading of the bin was inadequate and the farmer had not been formally inducted on any written work procedures and practices for loading bean waste onto the ute.
Court result:
The defendant was found guilty and fined $70,000. No conviction was recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Obligation holders should assess the risks associated with unloading gradings into vehicles and consider the use of a specially designed waste bin with attachments to securely suspend it from the tynes of the forklift. Considerations could be given to designing the base of the bin so it can swing downwards and open like a trap door to release the bean gradings.
Visit the Workplace Health and Safety Queensland website for more information on:
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Industry: |
Agriculture, primary industries |
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ANZSIC code: |
0121 |
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Defendant: |
Bean Growers Australia Limited |
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Defendant ACN: |
- |
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Date of offence: |
3 April 2007 |
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Location of offence: |
Kingaroy |
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Injury: |
Head injuries |
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Circumstance of aggravation: |
Fatality |
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Court: |
Murgon Industrial Magistrates Court |
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Magistrate: |
Mr Graham Buckley |
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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: |
29 July 2008 |
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Penalty: |
$70,000 |
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Maximum fine available: |
$375,000 |
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Investigation costs: |
$2,951 |
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Professional and legal costs: |
$750 |
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Court costs: |
- |
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In default period to pay: |
Twenty-four months to pay, in default levy and distress |
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Conviction recorded: |
No |
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CIS event no.: |
61944 |
