CUMI (Australia) Pty Ltd
Incident description:
A worker was injured when a sling cradling a metal component weighing 400 kg slipped free from the tynes of the forklift onto the worker's right foot.
WHSQ investigation findings:
The investigation found the forklift driver did not hold the appropriate certificate to use the forklift and the task of transporting the metal component was normally performed using a gantry crane. While the defendant had a safe system in place when using the gantry crane to move the metal components and both workers had been previously instructed in its use the crane was not operational at the time of the incident. It was also found the workers were not being supervised by their immediate supervisor at the time of the incident.
Court result:
The defendant was found guilty and fined $30,000. No conviction was recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)This incident highlights risks associated with lifting freely suspended loads with a forklift. Obligation holders must ensure that freely suspended loads are only moved using appropriate lifting equipment.
When using alternative lifting equipment such as a forklift to move freely suspended loads obligation holders should consider the use of a jib attachment which pins the sling to the tynes to prevent the sling from slipping. Obligation holders must ensure that a person does not operate a forklift without a licence.
Visit the Workplace Health and Safety Queensland website for more information on:
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Industry: |
Industrial tiling |
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ANZSIC code: |
4243 |
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Defendant: |
CUMI (Australia) Pty Ltd |
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Defendant ACN: |
094 328 882 |
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Date of offence: |
25 June 2007 |
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Location of offence: |
Rockhampton |
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Injury: |
Amputation of the toes of the right foot |
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Circumstance of aggravation: |
Grievous bodily harm |
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Court: |
Rockhampton Industrial Magistrates Court |
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Magistrate: |
Mr Marshall Irwin |
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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: |
12 August 2008 |
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Penalty: |
$30,000 |
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Maximum fine available: |
$375,000 |
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Investigation costs: |
$2,100 |
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Professional and legal costs: |
- |
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Court costs: |
$66.50 |
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In default period to pay: |
Two months to pay, in default levy and distress |
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Conviction recorded: |
No |
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CIS event no.: |
65060 |
