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F.K. Gardner Pty Ltd

Summary

Incident description:

A carpenter sustained fatal injuries while working on a construction site when a co-worker lifted an unsecured plywood cover from the floor. Shortly after, the carpenter fell 2.2 metres through the opening.

WHSQ investigation findings:

The investigation found the plywood cover was not secured. The defendant had identified the risk of falling through the hole but had not implemented effective engineering controls to minimize or isolate the risk. The ply only had the words 'Keep Off' painted on it.

Court result:

The defendant was found guilty and fined $60,000. No conviction was recorded.

Considerations for prevention:

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

Obligation holders need to consider the effectiveness of controls, including the potential for them to be changed by other people without the obligation holder's knowledge. Fixing the ply to the floor over the hole would have minimised the risk of the ply being removed.

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

Details
   
Industry:
Construction
ANZSIC code:
4111
Defendant:
F.K. Gardner Pty Ltd
Defendant ACN:
-
Date of offence:
26 May 2006
Location of offence:
Wondai
Injury:
Crush injuries
Circumstance of aggravation:
Fatality
Court:
Brisbane Industrial Magistrates Court
Magistrate:
Mr J Gordon
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
4 March 2008
Penalty:
$60,000
Maximum fine available:
$375,000
Investigation costs:
$1,927.50
Professional and legal costs:
$750
Court costs:
$64.20
In default period to pay:
Three months to pay, in default levy and distress
Conviction recorded:
No
CIS event no.:
49347