Abigroup Contractors Pty Ltd

Incident description:

On 18 October 2007, a worker engaged through labour hire was standing in front of a stack of steel pylons when it collapsed, knocking him to the ground and sustaining a fracture injury to his right leg.

The incident occurred when another worker who was operating a 20 tonne excavator was shifting sand next to the stack of steel pylons clipped the pylons with the excavator causing the stack to collapse.

The investigation findings revealed:

• the worker operating the excavator (also engaged through labour hire) did not hold a certificate of competency for the excavator
• the site supervisor was aware that the worker did not hold the required certificate of competency
• the excavator operator held a log book pertaining to the operation of such plant, however at the time of the incident he was not employed for that purpose nor was he being supervised by any person with the appropriate certification
• an exclusion zone was not maintained with respect to operation of the excavator
• site specific induction and/or instructions to workers were not recorded.

Court result:

The court took into account an early plea of guilty, cooperation with the investigation and action taken as a result of the incident. However, in recording a conviction, the court took into consideration the defendant’s previous convictions both in Queensland and New South Wales.

Considerations for prevention:

When working in the construction industry where there is exposure to risks relating to mobile plant, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves identifying the hazards, 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 operating mobile plant, obligation holders should consider the use of pedestrian exclusion zones and develop safe systems of work to ensure that any person operating mobile plant is competent and holds the appropriate licence. Prior to construction work beginning, the principal contractor is responsible for completing a work method statement and safety plan which should assist in identifying potential risks. Obligation holders should also consider implementing an induction and ongoing training program to ensure workers are aware of their responsibilities in and around the workplace. A copy of all training records and licences should be recorded and retained for future reference.

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

• Key health and safety tips for general construction
• Building and construction guide (Orange book) (PDF, 432 kB)
• Construction safety plans and method statements 
• Managing risk
• Guidelines for working around trucks - loading and unloading (PDF, 226 kB)
• Training staff
• Personal protective equipment (PPE)
• Managing the safety of labour hire workers
• Mobile Crane Code of Practice 2006
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.