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