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Buildmark Constructions (Qld) Pty Ltd

Summary

Incident description:

A nail fired from a nailing gun used to nail steel strapping onto house trusses, failed to penetrate the steel strapping and ricocheted off compressed cement sheet flooring on the level below and into a another worker’s eye who was working nearby.

Investigation findings:

The court heard that the defendant did not ensure an exclusion zone was maintained around the work area of the gun nor enforced the use of eye protection for persons working in the vicinity of the nail gun.

Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

By considering a system of work which would have removed workers from working under or near the nailing operation, and implementing an exclusion zone, the risk to workers working in the area would have been better controlled.

The use of personal protective equipment (PPE) in the form of safety glasses would also have minimised or prevented the injury. This case highlights the need for supervisors to monitor that workers are wearing PPE when exposed to projectile hazards.

All of these control measures were identified in the nail gun manufacturer’s safety instructions.

Court result:

The defendant entered a plea of guilty and was fined $30,000 with no conviction recorded. In making the order that no conviction be recorded the Industrial Magistrate took account of the company’s previous good record and its co-operation with the investigation.

Details
Industry:
Construction
Defendant:
Buildmark Constructions (Qld) Pty Ltd (ANZSIC code 4111)
Date of offence:
11 April 2007
Location of offence:
Wavell Heights
Injury:
Loss of vision to left eye
Offence:
Grievous Bodily Harm
Court:
Brisbane
Magistrate:
Ms Wendy Cull
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
8 December 2008
Penalty:
$30,000
Maximum fine available:
$375,000
Investigation costs:
$750
Professional and legal costs:
Nil
Court costs:
$65.40
In default period to pay:
Twelve months to pay, in default levy and distress
Conviction recorded:
No
CIS No.:
62163

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