Wendar Pty Ltd

Incident description:

On 2 October 2008 a 35 year old worker sustained fatal injuries when solar panels fell on him when he was helping move solar panels from a forklift to a trailer.

The court acknowledged Wendar Pty Ltd (in liquidation) conducted a business of plumbing maintenance, renovation and installation work, which included moving solar panels at height using a forklift.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking. The fatally injured worker was employed by another corporation but was performing work for Wendar Pty Ltd.

A forklift was used to place a pack of ten solar panels at the rear of the trailer where plastic wrap and straps holding the pack together were removed. To enable easier loading the forklift was used to raise eight of the pack of ten panels about 960 millimetres, or about level with the floor of the trailer. The worker was asked to stand at the back of the pack while reaching with his hands to stablise. The worker was supporting five panels when he experienced difficulty. The solar panels fell and knocked him to the concrete floor.

The investigation findings presented to the court revealed:

• A pallet was placed on the forklift such that the panels did not lean back against the forklift mast but faced the side of the forklift.
• The forklift tynes were spread 350 millimetres apart to support the pallet and load.
• A further 285 millimetres range of movement outwards was available for the tynes to obtain maximum spread.
• When the pallet of ten was loaded, weight was balanced across both tynes.
• As each panel was unloaded from the trailer side, the weight of the load centred to the left.
• As the fifth panel was unloaded, all remaining weight was to the left side of the forklift balanced over the left tyne.
• The left side of the pallet dropped. This movement unbalanced the load causing the panels to fall.
• The load's centre of mass was about two metres above the floor and was too high and too great for the worker to provide effective stabilisation.
• Five panels (a total of 210 kilograms) fell, trapping the worker.
• No other measures were used to stabilise panels at height on the forklift.
• The defendant loaded panels in this manner many times in the preceding 18 months.
• This was the first time the worker was involved in the task.
• The defendant did not identify the hazard of unstable panels at height prior to the incident.
• The defendant had not undertaken any risk assessment process in accordance with section 27A of the Workplace Health and Safety Act 1995.

Court result:

The defendant did not appear in the Brisbane Industrial Magistrates Court on 2 September 2009 in response to breaching s.24(1) of the Workplace Health and Safety Act 1995. The matter was heard ex-parte.

Industrial Magistrate Mr Graham Lee ordered the defendant pay a penalty of $100 000 as well as investigation and court costs totaling $1554.92.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to manage the hazards of unstable and unsecured solar panels at height on a forklift and the system of work for the work activity of moving solar panels at height using a forklift. The defendant failed to identify the hazards and otherwise manage the exposure to risk in accordance with section 27A of the Workplace Health and Safety Act 1995. The defendant was sentenced with a conviction recorded.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from unstable/unsecured loads when unloading/loading, 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 unstable/unsecured loads when unloading/loading, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Obligation holders should consider developing safe work procedures and implementing a comprehensive training program that identifies and assists workers in completing the tasks efficiently and safely.

If loads are unable to be secured or stabilized using traditional securing methods (e.g straps, ropes) consideration should be given to containing unstable/unsecured loads within a cage or guarded area using a barrier. If there is still the risk of a load becoming unstable during the loading or unloading phase of operation obligation holders may need to assess alternate methods for unloading/loading. These may include:

• mechanical aides - gantry cranes, hoists
• reducing the number of items being loaded/unloaded at one time
• utilising extra workers to assist with stabilising and ensuring care is taken in the fall zone.

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

• health and safety information for construction
• building and construction guide (orange book)
• construction safety plans and method statements
• guidelines for working around trucks - loading and unloading
• forklift licensing requirements
• managing risk
• manual handling
• employer training options
• training staff
• Risk Management Code of Practice 2007
• Plant Code of Practice 2005
• Workplace Health and Safety Act 1995.