Swiftco Pty Ltd
Incident description:
A worker was injured when struck in the face whilst using a 'Porta Pack' to spread a vehicle chassis. The 'Porta Pack' consisted of a hydraulic ram, which the worker inserted horizontally between the sides of the chassis. Whilst under tension the ram slipped from this position and struck the worker in the head, causing his injuries.
The worker was left to do truck repairs unsupervised. His supervisor left the process by which the task was to be performed to the worker's discretion. No written safety procedures had been provided nor risk assessment undertaken by the defendant with respect to this task.
The use of friction materials to prevent slippage when using the pack is a precaution recommended in the 'Porta Pack' equipment manual. The worker had used the 'Porta Pack'on previous occasions but had not been provided with either formal training or a copy of the equipment manual. As a result, the worker did not use the friction materials as recommended. Since the incident, workers had undergone specific training and instruction to prevent the reoccurrence of a similar incident.
Court result:
The defendant pleaded guilty and was fined $35 000. No conviction recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the manufacturing industry where there is exposure to risks from the use of specialized 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 use of specialized plant, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. When working in the truck repair industry, employers should ensure that recommendations supplied within manuals are adhered to. If there any changes to these procedures sufficient training should be carried out, safe operating instructions completed and a risk assessment done to ascertain any potential danger or hazard that may exist. Further training for staff in the identification of potential hazards will assist and contribute to the employer identifying the risks prior to incidents occurring.
Visit the Workplace Health and Safety Queensland website for more information on:
- health and safety information for manufacturing
- managing risk
- implementing controls or evaluating or monitoring them
- training staff as a control measure
- Risk Management Code of Practice 2007
- Plant Code of Practice 2005
- Workplace Health and Safety Act 1995
- what penalties apply under the Workplace Health and Safety Act 1995
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Industry:
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Manufacturing
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ANZSIC code:
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2812 |
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Defendant:
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Swiftco Pty Ltd
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Defendant ACN:
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107 602 148
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Date of offence:
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15 May 2007
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Location of offence:
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Molendinar
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Injury:
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Fractured cheek bone, fractured eye socket and loss of left eye
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Southport Industrial Magstrates Court
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Magistrate:
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Mr Michael Hogan
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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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4 July 2008
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Penalty:
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$35 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$1305.00
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Professional and legal costs:
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Nil
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Court costs:
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$68.40
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In default period to pay:
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Six 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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63521
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