Company: Subloo's Pty Ltd
Executive officer: James Henry Subloo
Incident description:
A worker suffered a fractured nose, wrist and ribs and closed head injuries when he fell from a front end loader he was using to move waste at a transfer station. Once the work was complete, the worker attempted to step down the access ladder leading from the loader/driver cab. He lost his grip or missed the hand hold normally used to stabilise the descent from the loader.
WHSQ investigation findings:
The loader was purchased second-hand in early 2003. Prior to the incident it underwent repair including replacement of the bottom step with a round solid steel rung and removal of the second step. A full length handrail had been broken off during use and replaced with a single steel stub handle at the top of the operator's cabin as a handhold. Parts of the step ladder were damaged (as a result of contact with waste material in the transfer pit). The repairs undertaken were not consistent with the original design/condition of the plant. The defendants undertook no risk assessment of the means of access from the cabin of the loader, nor did it identify the risks presented by the condition of the cabin access ladder or the handhold.
An expert from the manufacturer's agent reported that the modified rungs of the ladder were spaced at a distance difficult to use, the lowest had little if any slip resistance, and the handholds appeared to be insufficient.
An ergonomist reported that the modifications did not comply with the relevant Australian Standards or the manufacturer's factory installed access system and exposed users to the risk of injury from falling.
Court result:
The defendants were found guilty and fined $20,000. No conviction was recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Employers performing repairs or modifications to equipment must ensure these are completed in accordance with the relevant Australian Standards or manufacturer specifications. Obligation holders should assess plant and equipment regularly to identify any hazards created from damage or modification of equipment. Workers should be provided with information, instruction and training to identify and manage risks within the workplace.
Visit the Workplace Health and Safety Queensland website for more information on:
- obligations that apply when modifying plant
- conducting risk assessments or developing safe operating procedures
- implementing controls or evaluating or monitoring them, and
- training staff as a control measure to manage risks associated with workplace hazards.
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Industry: |
Transport |
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ANZSIC code: |
9634 |
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Defendant: |
Company: Subloo's Pty Ltd Executive officer: James Henry Subloo |
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Defendant ACN: |
- |
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Date of offence: |
25 November 2006 |
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Location of offence: |
Redcliffe |
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Injury: |
Fractured nose, wrist and ribs. Closed head injuries |
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Circumstance of aggravation: |
Bodily harm |
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Court: |
Redcliffe Industrial Magistrates Court |
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Magistrate: |
Mr Alec Chilcott |
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Legislation: |
Company: s.35 Workplace Health and Safety Act 1995 Executive Officer: s.167 Workplace Health and Safety Act 1995 |
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Plea: |
Guilty (both defendants) |
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Decision date: |
17 September 2008 |
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Penalty: |
Company: $20,000 Executive officer: Twelve month good behavior bond with a recognisance in the amount of $7,000 |
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Maximum fine available: |
$375,000 |
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Investigation costs: |
$5,229 |
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Professional and legal costs: |
- |
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Court costs: |
$65.40 |
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In default period to pay: |
Referred to State Penalty Enforcement Registry, in default levy and distress. |
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Conviction recorded: |
No (both defendants) |
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CIS event no.: |
56405 |
