Rinker Australia Pty Limited (now CEMEX Australia Pty Limited)
Incident description:
A concrete truck driver was injured when he fell 2.2 metres to the ground. The driver was standing on a gantry platform checking the consistency of the concrete load in his truck when a hand rail broke.
WHSQ investigation findings:
The welds of the hand rail were severely deteriorated to an extent that the structural integrity was compromised. The railing weld had been identified as being in a deteriorated state prior to the incident, however, management was not notified. Following the incident, management permitted the platform and railing to remain in service when access should have been prevented or the hand railing replaced.
Court result:
The defendant was found guilty and fined $40,000. No conviction was recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Employers should ensure all platforms and railings preventing fall from heights are properly inspected and maintained. Prompt implementation of appropriate controls once a hazard has been identified and evaluated is a crucial step in the risk management process. Employers should consider the benefits of training all staff to identify and report potential hazards to assist in creating a safer working environment.
Visit the Workplace Health and Safety Queensland website for more information on:
- conducting risk assessments or developing safe operating procedures, and
- training options or how training should be conducted.
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Industry:
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Transport and storage
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ANZSIC code:
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2633 |
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Defendant:
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Rinker Australia Pty Limited (now CEMEX Australia Pty Limited)
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Defendant ACN:
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099 732 297
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Date of offence:
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26 July 2006
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Location of offence:
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Beenleigh
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Injury:
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Fractured chest, internal crush injury and brain damage
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Beenleigh Industrial Magistrates Court
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Magistrate:
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Mr Trevor Morgan
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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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14 May 2008
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Penalty:
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$40,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$2,356
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Professional and legal costs:
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$750
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Court costs:
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$66.40
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In default period to pay:
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Three months to pay, in default levy and distress
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Conviction recorded:
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No
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CIS event no.:
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51471
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