QR Limited

Incident description:

On 7 December 2007 two QR Limited track workers sustained fatal injuries when they were reversed over by an ‘on track vehicle’ weighing 96 tonnes. The workers were employed as track side workers (systems maintainers) by QR Limited.

The court found the defendant held obligations under Section 28 of the Workplace Health and Safety Act 1995 being a person in control of a business or undertaking.

The investigation findings presented to the court revealed:

• The defendant provided limited cooperation with investigating authorities.
• Remedial measures were not promptly taken by the defendant.
• Only the lowest order control measures were implemented by the defendant.
• The defendant was on notice of deficiencies in its systems and practices through audits.
• The plant that killed the workers was driven from the rear, without clear line of sight, and this was done for years.
• The broad systemic nature of the failings and the institutional dysfunction not only lead to two deaths but exposed others to the risk of death and injury.
• The inappropriateness of the lowest order of control measure (no authority required/personal vigilance) being used.

Court result:

The defendant pleaded guilty in the Mackay Industrial Magistrates Court on 26 November 2009 to breaching Section 24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with a conviction recorded.

Industrial Magistrate Ross Risson ordered the defendant pay a penalty of $650 000 as well as investigation, professional and court costs totalling $130 065.40.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to discharge its obligations under the Workplace Health and Safety Act 1995. His Honour identified the wide impact the deaths had had on the community.

Considerations for prevention:

When working in the transport and storage industry where there is exposure to risks from moving plant, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing appropriate control measures associated with moving plant obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers.

When working with moving plant, effective systems must be established to ensure that moving plant does not come into contact with workers. Particular attention should be made to ensure that higher order controls are adopted where possible. Obligation holders should consider assigning a spotter or marshaller when operator visibility is impaired whilst plant is in motion and the use of exclusion zones for workers not directly involved in the work. Consideration should also be given to installing audible reversing signal or flashing lights to alert bystanders that the plant is in motion.

Visit the Workplace Health and Safety Queensland website for more information on:

• health and safety information for transport and storage
• managing risk
• Risk Management Code of Practice 2007
• Plant Code of Practice 2005
• Workplace Health and Safety Act 1995.