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FGF Bitumen Pty Ltd

Summary

Incident description:

A worker suffered a fractured shin and shattered heel when his foot came into contact with a road profiling machine's wheel when he tried to free a broom caught in the wheel.

WHSQ investigation findings:

The investigation found that the road profiling machine did not have reversing mirrors or a beeper installed. Procedures in place to manage the risk of workers in proximity to operating plant were not adhered to. The worker's line of vision was directed towards oncoming traffic and not approaching plant.

Court result:

The defendant pleaded guilty and was fined $32,500. No conviction was recorded. The magistrate took into consideration an early plea and no prior convictions.

Considerations for prevention:

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

Obligation holders should ensure regular inspection and maintenance is completed on mobile plant and suitable operational warnings such as reversing mirrors and beepers are in working order. Obligation holders should consider the requirements of design standards and manufacturers' specifications when inspecting and repairing machinery. Workers should be provided with appropriate information, instruction and training in relation to working in close proximity with mobile plant and considerations should be given to the use of exclusion zones for pedestrians.

Visit the Workplace Health and Safety Queensland website for more information on:

Details
   
Industry:
Construction
ANZSIC code:
0001
Defendant:
FGF Bitumen Pty Ltd
Defendant ACN:
108 511 637
Date of offence:
27 June 2007
Location of offence:
Cairns
Injury:
Fractured right shin and shattered heel
Circumstance of aggravation:
Grievous bodily harm
Court:
Cairns Industrial Magistrates Court
Magistrate:
Mr John Hodgins
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
27 June 2008
Penalty:
$32,500
Maximum fine available:
$375,000
Investigation costs:
$2,853.18
Professional and legal costs:
$750
Court costs:
$65.40
In default period to pay:
One month to pay, in default levy and distress
Conviction recorded:
No
CIS event no.:
65152