Protech Personnel Pty Ltd
Incident description:
A labour hire worker employed by the defendant died at the OneSteel Trading Pty Limited distribution centre at Eagle Farm when four structural U beams (U Beams) being loaded onto a semi-trailer fell on top of him.
Investigation findings:
The investigation found that the chain the crane was using to lift the U Beams became caught, snagging the U Beams and overturning them. The load had not been secured by pins inserted along the truck tray and had they been in place would have prevented the U Beams falling from the truck.
Further, the labour hire worker was not properly supervised by the defendant, and was found to have encroached the marked exclusion zone. Enforcement of the exclusion zone had broken down over time and while the recently engaged labour hire worker had received some training and was made aware of the zone and the barriers in place marking the exclusion zone, compliance with this control was not maintained.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)While the defendant had provided some general safety induction for the workers they supplied to OneSteel Trading Pty Limited and it had some controls in place to manage the risks during the unloading process, the defendant had not undertaken an independent assessment of OneSteels loading process and the risks this presented to workers they supply.
Considering OneSteel Trading Pty Limited sourced a lot of its workers from the defendant, the defendant ought to have considered the hazards at the host employers work sites and implemented controls to ensure its workers were not exposed to risks.
Court result:
Protech Personnel Pty Ltd pleaded guilty and was fined $57,000. No conviction recorded. OneSteel Trading Pty Ltd also pleaded guilty and was fined $67,000 on 12 December 2007 with no conviction recorded.
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Industry: |
Transport and Storage |
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Defendant: |
Protech Personnel Pty Ltd (ANZSIC code 7861) |
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Date of offence: |
16 October 2007 |
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Location of offence: |
Eagle Farm |
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Injury: |
Fatal crush injuries |
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Offence: |
Fatality |
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Court: |
Brisbane |
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Magistrate: |
Ms Wendy Cull |
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Legislation: |
s.28(1) Workplace Health and Safety Act 1995 |
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Plea: |
Guilty |
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Decision date: |
17 December 2008 |
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Penalty: |
$57,000 |
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Maximum fine available: |
$375,000 |
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Investigation costs: |
$1,000 |
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Professional and legal costs: |
$750 |
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Court costs: |
Nil |
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In default period to pay: |
Twelve months to pay, in default levy and distress |
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Conviction recorded: |
No |
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CIS No.: |
69775 |
Visit the Workplace Health and Safety Queensland website for more information on:
- managing freely suspended loads
- managing the risk from plant designed to move objects
- crane and hoist licensing requirements
- falling objects
- how to conduct risk assessments (PDF, 143kB) or develop safe operating procedures (PDF, 321kB)
