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Lance James Pyne

Summary

Incident description:

On 26 September 2006, during the practical component of a chainsaw operation course, a participant sustained fatal injuries when a tree trunk being cut splintered, pinning him against a second tree.

WHSQ investigation findings:

The obligation holder did not adequately assess the risks to the participant posed by the lean of the tree. It also found that the non-conformity of both the scarf and back cuts, the bluntness of the chainsaw and inadequate escape routes were contributing factors.

Court result:

The defendant pleaded not guilty, the matter went to trial and the defendant was found guilty and fined $13,000. No conviction was recorded.

Considerations for prevention:

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

When conducting courses for chainsaw operators, obligation holders need to ensure an adequate risk assessment is undertaken prior to commencing any practical operations or demonstrations and that participants are adequately informed of all relevant risks and safety procedures.

Visit the Workplace Health and Safety Queensland website for more information on conducting tree assessments or site planning.

Details
   
Industry:
Construction
ANZSIC code:
0001
Defendant:
Lance James Pyne
Defendant ACN:
-
Date of offence:
26 September 2006
Location of offence:
Kerwarra Beach
Injury:
Fatal crush injury
Circumstance of aggravation:
Fatality
Court:
Cairns Industrial Magistrates Court
Magistrate:
Mr Alan Comans
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Not guilty
Decision date:
16 October 2008
Penalty:
$13,000
Maximum fine available:
$75,000
Investigation costs:
$5,184
Professional and legal costs:
$2,000
Court costs:
$65.40
In default period to pay:
-
Conviction recorded:
No
CIS event no.:
53824