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Super-A-Mart Pty Ltd

Summary

Incident description:

The 15 year old step-son of a truck driver sustained fatal crush injuries when he was caught between a shipping container and a prime mover with trailer. The injury occurred during an unloading process at the defendant's workplace. The teenager had attended the defendant's workplace as a 'ride-a-long' passenger with his step-father, whilst he was on school holidays.

The defendant did not have adequate safe work processes in place to manage the interaction between delivery trucks and pedestrians.

Court result:

The defendant pleaded guilty and was fined $60 000. No conviction was recorded.

Considerations for prevention:

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

When working in the transport and storage industry where there is exposure to risks from operating 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 the operation of plant, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. All employers should consider carrying out risk assessments in relation to the interaction of plant and pedestrians at the workplace. Specific safe work practices should be adopted and implemented and regularly monitored for effectiveness to ensure that the movement of vehicles occurs in an orderly and planned manner and that pedestrians are not at risk of being run over. Exclusion or pedestrian zones should be clearly marked to ensure all staff and visiting contractors are aware of where they are.

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

Details
   
Industry:
Transport and Storage
ANZSIC code:
6709
Defendant:
Super-A-Mart Pty Ltd
Defendant ACN:
009 810 324
Date of offence:
18 January 2007
Location of offence:
Woodridge
Injury:
Multiple crush injuries
Circumstance of aggravation:
Fatality
Court:
Beenleigh Industrial Magistrates Court
Magistrate:
Mr Peter Webber
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
2 May 2008
Penalty:
$60 000
Maximum fine available:
$375 000
Investigation costs:
$1032.00
Professional and legal costs:
$750.00
Court costs:
$65.00
In default period to pay:
One month to pay, in default levy and distress
Conviction recorded:
No
CIS event no.:
58477