K. M. B. Investments Pty Ltd

Incident description:

A cleaner sustained fatal injuries whilst opening the electronic security gate at a shopping plaza. The gate (weighing 900 kg) which had been faulty for some time moved past its stopping point and fell on her.

On the evening leading up to the fatality, a security guard, employed by KMB Investments Pty Ltd, manipulated the gate with a steel bar in order to get it to a closed position. Contrary to instructions by centre management to have a static security guard on site, the guard left after he had closed the gate with force. He did not test the full operation cycle of the gate and did not place warning signs or tags on the gate to warn others of the problem. The events were recorded on closed circuit television footage.

WHSQ investigation findings:

The investigation found the gate was poorly maintained. It also revealed that KMB Investments Pty Ltd knew of problems with the gate not closing properly. The defendant created a new set of hazards through wilful gate manipulation. The guard chose not to test the gate operation, instead he left after he was satisfied he closed the gate.

Court result:

The defendant was found guilty and was fined $50,000. No conviction was recorded.

Considerations for prevention:

Obligation holders should develop a system of work to regularly inspect and test electronic gates within the workplace and ensure they are appropriately maintained or repaired ensuring they remain safe for use. Workers should be provided with information, instruction and training on the system of work developed and in the safe operating procedures used to close electronic gates to prevent any unauthorised operational methods.

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

• training staff as a control measure to manage risks associated with workplace hazards
• conducting risk assessments, and
• implementing controls or evaluating or monitoring them.