Fielders Australia Pty Ltd
Incident description:
On 20 March 2008 a worker was seriously injured when he was struck by a steel coil (660 kilogram) after it fell from a forklift truck tyne while being loaded onto a forklift.
The investigation found the injured worker was an employee of Fielders Australia Pty Ltd.
The investigation identified Fielders Australia Pty Ltd held obligations under s.28(1) Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.
The investigation revealed the company did not identify hazards and risks associated with loading steel coils, and did not develop a safe operating procedure for workers. It provided no instruction, training or supervision to workers involved in this task and did not follow the forklift manufacturer's instructions for safe loading operations.
Court result:
Fielders Australia Pty Ltd pleaded guilty in the Brisbane Industrial Magistrates Court on 6 February 2009 to breaching s.24(1) Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.
Industrial Magistrate Ms Wendy Cull ordered Fielders Australia Pty Ltd pay a penalty of $35,000 as well as investigation and court costs totaling $1676.40.
The court took into account Fielders Australia Pty Ltd had not been prosecuted previously for any other workplace health and safety breach, had co-operated with the investigation and entered an early plea of guilty in ordering no conviction be recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the manufacturing industry where there is exposure to heavy loads being moved using lifting equipment, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.
Risk management involves identifying hazards, evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.
When deciding on and implementing appropriate control measures associated with the movement of steel coils, obligation holders should consider installing a tilting machine as well as developing safe operating procedures for workers to follow when loading.
Visit the Workplace Health and Safety Queensland website for more information on:
- managing risk
- health and safety tips for machinery and equipment
- health and safety tips for manual tasks
- using forklift trucks safely
- guidelines for working around trucks - loading and unloading
- Workplace Health and Safety Act 1995
- Risk Management Code of Practice 2007.
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Industry:
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Manufacturing
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ANZSIC code:
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2761 |
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Defendant:
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Fielders Australia Pty Ltd
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Defendant ACN:
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091 954 442
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Date of offence:
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20 March 2008
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Location of offence:
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Northgate
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Injury:
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Fractured knee and finger
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Brisbane Industrial Magistrates Court
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Magistrate:
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Ms Wendy Cull
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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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6 February 2009
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Penalty:
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$35 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$1611.00
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Professional and legal costs:
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Nil
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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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Three months 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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7622
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