T & S Haulage Pty Ltd
Incident description:
A worker suffered crush injuries to his back when a 400kg electrical switchboard he was to install toppled and fell on him while being unloaded from a truck. In the process of moving the switchboard from the truck onto a mobile trolley the switchboard, which was being lifted by a crane attached to the truck, became unstable and toppled over and out of the slings used in its unloading.
Investigation findings:
The investigation found that the defendant did not have any procedures in place to ensure that the transport driver had the required skills to undertake the transport and lifting of the switchboard, instead relying on the worker's prior experience as a transport driver to know what to do.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)The driver’s employer who had been subcontracted to deliver the switchboard had responsibility for ensuring the method used when loading and unloading items from its trucks were safe. Controls suitable for managing this risk may include the use of exclusion zones around the vehicle and adequate training in safe loading and unloading procedures for delivery staff.
Court result:
The defendant pleaded guilty and was fined $45,000. No conviction was recorded.
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Industry:
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Transport and storage
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Defendant:
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T & S Haulage Pty Ltd (ANZSIC code 6509)
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Date of offence:
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8 February 2007
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Location of offence:
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Southport
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Injury:
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Paraplegia
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Offence:
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Grievous bodily harm
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Court:
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Southport Industrial Magistrates Court
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Magistrate:
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Mr Terry Duroux
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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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21 November 2008
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Penalty:
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$45,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,690
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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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In default levy and distress, referred to SPER
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Conviction recorded:
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No
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CIS No.:
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59923
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Visit the Workplace Health and Safety website for more information on:
- assessing the risks associated with working with or around forklifts (PDF, 197kB)
- Mobile Crane Code of Practice 2006 and Plant Code of Practice 2005
- managing the risk from plant designed to move objects
- crane and hoist licensing requirements
- forklift licences
- falling objects.
