Canniffe Engineering Pty Ltd
Incident description:
On 15 April 2008 a worker sustained serious injuries when he fell approximately two metres while performing maintenance work from a fixed ladder.
The investigation found the injured worker was an employee of Canniffe Engineering Pty Ltd.
The investigation identified Canniffe Engineering 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 the worker was wearing a safety harness, but the method of attachment to the ladder rung failed. The worker received no formal training about how to use a safety harness and lanyard. As the lanyard hook opening was too small to engage on the ladder rungs the worker placed the lanyard strap over a rung and back onto itself. It appears that the lanyard strap, when back hooked, did not properly engage inside the hook and slipped out when placed under tension. The worker was not made aware of the manufacturer's instructions prescribing the use of anchor straps. These were held by the company but not used. There was no assessment completed on the ladder rung as an adequate attachment point for the lanyard safety hook.
Court result:
Canniffe Engineering Pty Ltd pleaded guilty in the Brisbane 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.
The court took into account that Canniffe Engineering Pty Ltd had not been prosecuted previously for any other workplace health and safety breaches, had co-operated with the investigation and entered an early plea of guilty in ordering that no conviction be recorded.
Industrial Magistrate Ms Wendy Cull ordered Canniffe Engineering Pty Ltd pay a penalty of $34 000 as well as investigation and court costs totaling $1857.87.
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 working at height from a ladder, 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 working at height from a ladder, obligation holders should consider the use of mobile scaffolding or an elevating work platform and provide workers with information, instruction and training on safe operating procedures to follow in order to control a fall.
Visit the Workplace Health and Safety Queensland website for more information on:
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Industry:
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Manufacturing
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ANZSIC code:
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2749 |
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Defendant:
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Canniffe Engineering Pty Ltd
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Defendant ACN:
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010 240 409
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Date of offence:
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15 April 2008
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Location of offence:
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Bulwer Island
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Injury:
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Fractured left wrist
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Brisbane Industrial Magistrates Court
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Magistrate:
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Ms Wendy Cull
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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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$34 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$1792.47
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Professional and legal costs:
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Nil
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Court costs:
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$65.40
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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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77452
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