ATS Australasian Technical Services Pty Ltd
Incident description:
On 15 October 2007 a worker sustained serious injuries when he fell 3.2 metres through a roof panel.
ATS Australasian Technical Services Pty Ltd (defendant) employed the injured worker and was operating as a subcontractor to perform asbestos removal work.
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 investigation findings presented to the court alleged the incident occurred while the injured worker and a co-worker were carrying a roof panel across the roof of a hall when the injured worker stepped onto a water damaged roof panel, falling through it onto a concrete walkway below.
The investigation findings presented to the court revealed:
- supervisor did not inspect and identify the roof sheets for water damage
- no fall protection was installed under the roof to prevent falls through voids or damaged panels
- the supervisor had checked the strength of some panels by placing his own weight on them and observing other workers walking across the roof
- no information was sought from the principal contractor or manufacturer concerning the structural strength of the panels prior to work commencing.
Court result:
The defendant pleaded guilty in the Cleveland Industrial Magistrates Court on 22 May 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.
Industrial Magistrate Mr Bevan Manthey ordered the defendant pay a penalty of $35 000 as well as investigation and court costs totaling $1796.70.
In deciding the penalty imposed Industrial Magistrate Mr Bevan Manthey took into account the defendant had not been prosecuted for any other workplace health and safety breaches, co-operated with the investigation and entered an early plea of guilty.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the construction industry where there is exposure to risks from working at height, 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 control measures associated with the risk of falling through water damaged roof panels, obligation holders should consider the use of travel restraints or a harness system to arrest a person falling as well as the use of flat timber floorboards to support the weight of workers walking across roof supports.
Visit the Workplace Health and Safety Queensland website for more information on:
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Industry:
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Construction
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ANZSIC code:
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4111 |
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Defendant:
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ATS Australasian Technical Services Pty Ltd
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Defendant ACN:
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065 220 831
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Date of offence:
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15 October 2007
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Location of offence:
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Victoria Point
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Injury:
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Fractured right leg and knee
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Cleveland Industrial Magistrates Court
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Magistrate:
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Mr. Bevan Manthey
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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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22 May 2009
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Penalty:
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Fined $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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$1725.00
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Professional and legal costs:
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$Nil
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Court costs:
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$71.70
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In default period to pay:
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Twelve 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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69806
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