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