Bradken Resources Pty Ltd
Incident description:
On 26 June 2007 a 43 year old worker sustained serious injuries when she tripped and fell into a storm water pit, which was concealed under a steel plate (123 millimetres x 92 millimetres x 5 millimetres).
The investigation found that the injured worker was an employee of Bradken Resources Pty Ltd.
The investigation identified Bradken Resources Pty Ltd held obligations under s.28(1) Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.
The investigation revealed that Bradken Resources Pty Ltd failed to ensure the steel plate was marked and secured to prevent inadvertent access to the void below. The worker was not performing her normal duties as the supervisor asked her to perform general clean-up work. Bradken Resources Pty Ltd failed to identify the risks posed to workers from falling into storm water drains whilst they undertook house keeping and cleaning.
Court result:
Bradken Resources Pty Ltd pleaded guilty in the Holland Park Industrial Magistrates Court on 4 February 2009 to breaching s.24(1) Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations. It was fined and a conviction was recorded.
Industrial Magistrate Ms Bronwyn Springer fined Bradken Resources Pty Ltd $72 000 as well as ordering investigation and professional costs totaling $1952.
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 slips, trips and falls, 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 tripping and falling into a pit, obligation holders should consider clearly marking all pits and securing all covers to the ground to prevent inadvertent access. Workers should be provided with information, instruction and training on the location of pits within the workplace.
Visit the Workplace Health and Safety Queensland website for more information on:
- guide for preventing slips, trips and falls
- employer training options
- training staff and using control measures to manage risks
- health and safety information for manufacturing
- Workplace Health and Safety Act 1995
- Risk Management Code of Practice 2007
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Industry:
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Manufacturing
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ANZSIC code:
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4110 |
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Defendant:
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Bradken Resources Pty Ltd
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Defendant ACN:
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098 300 988
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Date of offence:
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26 June 2007
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Location of offence:
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Runcorn
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Injury:
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Fractured right ankle
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Holland Park Industrial Magistrates Court
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Magistrate:
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Ms Bronwyn Springer
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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 February 2009
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Penalty:
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$72 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$1202.00
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Professional and legal costs:
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$750.00
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Court costs:
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Nil
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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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Yes
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CIS event no.:
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66046
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