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Lusty EMS Pty Ltd

Summary

Incident description:

A worker was injured in the process of retrieving aluminium sheets from the top of a stand-alone storage rack. The worker climbed up a fabricated steel rack and walked across a beam running through the middle of the racking. The worker then stood on aluminium sheets protruding from underneath the sheets he wanted to retrieve and lifted the two corners of the top sheet to put a block of wood underneath so a crane could be attached for lifting. At this point, the worker lost his grip on the sheet, lost his balance and fell approximately 2.6 metres onto the concrete floor. As he fell, his leg and one elbow hit a trailer beam that was set up on stands next to the rack. The worker sustained multiple fractures to his left elbow.

Investigation findings:

Walking on top of the racking was common practice and the worker had done it before. The worker’s supervisor had verbally identified hazards to the worker and told him to be careful. The company failed to:

  • ensure the worker used a safe system of work
  • provide proper training and instruction to the worker
  • implement control measures to prevent or minimise workers climbing onto the storage rack to load or unload materials.

Obligation holders should consider the requirements of the Plant Code of Practice 2005 in particular part 5.2 Design and manufacture and part 5.22 Instructing, Training and Supervising Workers.

Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)
  • After the incident, the top shelf was cut off the racking so that everything could be reached from the floor.
  • The company consulted with line management and workers and drafted and implemented safe working procedures for loading and unloading storage racks.
  • All workers involved in unloading and loading materials from all storage racks in the workshop were retrained.

Court result:

The company was found guilty and fined $37,500 with no conviction recorded.

Details
   
Industry:
Motor vehicle body manufacturing
Defendant:
Lusty EMS Pty Ltd (ABN 82 073 705 263)
Date of offence:
17 November 2006
Location of offence:
Richlands
Injury:
Multiple fractures to left elbow
Offence:
Grievous bodily harm
Court:
Richlands Industrial Magistrates Court
Magistrate:
Mr Errol Wessling
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
11 February 2008
Penalty:
$37,500
Maximum fine available:
$375,000
Investigation costs:
$1,568.50
Professional and legal costs:
$750
Court costs:
$66.30
In default period to pay:
1 month, in default levy and distress
Conviction recorded:
No
CIS No.:
56094

 

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