Netsaw Pty Ltd
Incident description:
A worker was injured at a stainless steel fabrication factory. A telehandler machine with a jib and hook attachment was being used to transport a stainless steel sheet from the workshop to the cleaning area. One worker was operating the machine and another was steadying and guiding the load as it was transported. The worker guiding the load was required to walk in front of the machine to guide the steel sheet onto some trestles under an awning approximately 4.5 metres high. He stopped walking and indicated to the machine operator to stop the machine. The operator did not see the worker until the machine had grabbed the worker's left foot and drawn it under the front wheel. The operator may not have heard his colleague because he was wearing earplugs to protect his ears from the noise of the machine. The worker's left foot was fractured and required surgery.
Investigation findings:
Because the telehandler machine does not have a capacity to lift a load weighing more than 3 tonnes, there is no requirement for an operator to hold a crane certificate. Also, as the machine is not technically a forklift, the operator does not legally need to hold a forklift certificate. However, the company does require a forklift certificate to be held by anyone operating the machine. The operator was certified to operate a forklift at the time of the incident. There were no formal records in place indicating that workers had received information about or training for the process of steadying and guiding a load.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)After the incident, the company:
- Eenforced procedures to all on site
- implemented a specific work procedure for handling and moving objects
- reinforced procedures at a Toolbox meeting
- implemented sign-off documentation for workers receiving information and training
- displayed the safety procedure on the notice board and placed the instruction permanently in the machine.
Obligation holders should consider the requirements of the Foundry Code of Practice 2004, in particular Control measures for manual tasks and Control measures for plant. They should also consider the Plant Code of Practice 2005, in particular part 5.1 Risk management, part 5.8 Powered mobile plant, 5.22 Instruction, training and supervising workers, 5.23 Competency – Requirement for person directing the load to be a dogger and the telehandler operator to have training in receiving instruction from a dogger and part 5.25 Records.
Court result:
The company pleaded guilty and was fined $33,000 with no conviction recorded.
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Industry:
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Sheet Metal Product Manufacturing
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Defendant:
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Netsaw Pty Ltd (ABN 11 853 981 903)
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Date of offence:
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4 September 2006
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Location of offence:
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Carole Park
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Injury:
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Fractured left foot
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Offence:
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Grievous bodily harm
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Court:
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Ipswich 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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5 February 2008
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Penalty:
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$33,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,820.65
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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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6 months
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Conviction recorded:
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No
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CIS No.:
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53040
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