CEK Enterprises Pty Ltd

Incident description:

On 2 October 2008 a 35 year old worker sustained fatal injuries when solar panels fell on him during the loading process.

The court acknowledged CEK Enterprises Pty Ltd (in liquidation) operated a business of selling wholesale plumbing products which included the work activity of moving solar panels at height using a forklift.

The investigation findings presented to the court alleged the incident occurred while the worker was assisting in moving solar panels from a forklift to a trailer. A forklift was used to place the pack of solar panels at the rear of the trailer and the plastic wrap and straps holding the pack together were removed. The forklift was used to raise eight of the pack of ten solar panels about 960 mm so that it was level with the floor of the trailer to make it easier to load the solar panels onto the trailer. The worker was asked to stand at the back of the pack and reach up with his hands to stabilise it while the solar panels were being loaded onto the trailer. The worker was supporting five solar panels when he experienced difficulties stabilising them. The solar panels fell on the worker and knocked him to the concrete floor.

Court result:

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 CEK Enterprises Pty Ltd but was performing work in connection with another corporation's business or undertaking at a workplace premises that both corporations occupied and operated when the incident occurred.

The investigation findings presented to the court revealed:

• 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 tynes of the forklift were only spread 350mm apart to support the timber pallet and its load
• there was a further 285mm range of movement outwards for each tyne to reach its maximum distance of spread
• when the pallet of ten was loaded, the weight was spread across both tynes and was balanced
• as each solar panel was unloaded from the right (trailer) side, the weight of the load gradually centered more to the left
• as the fifth panel was unloaded, all of the remaining weight was to the left side of the forklift and balanced over the left tyne
• the left side of the pallet dropped and this sudden movement unbalanced the load and caused the solar panels to fall
• if the tynes were spread to their maximum this weight shift would not have occurred;
• if the pallet was not raised off the floor the weight shift would not have occurred
• the centre of mass of the load was about two metres above the floor and was too high for the worker to provide any stabilization
• five solar panels weighing a total of 210kg fell from the pallet, trapping the worker
• there were no measures in place to ensure the stability of the solar panels while at height on the forklift other than that provided by the worker
• the defendant had loaded solar panels in this manner many times in the preceding 18 months
• this was the first time that the worker was involved in this task
• the defendant did not identify the hazard of unstable solar panels at height before the incident
• the defendant had not undertaken any risk assessment in respect of the task in accordance with section 27A of the Workplace Health and Safety Act 1995.

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. The defendant was sentenced with a conviction recorded.

Industrial Magistrate Mr Graham Lee ordered the defendant pay a penalty of $100,000 as well as investigation and court costs totaling $1,554.92.

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.

Considerations for prevention:

When working in the construction, building, transport and storage industry where there is exposure to risks from falling or unstable objects, 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 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 to manage the level of risk from falling or unstable objects obligation holders should consider the use on containment measures that ensure stability such as fixed steel bollards, fixed post pallets, specialized pallets and cradles. Training of all staff in manual tasks and identifying potential risks should also be considered and be conducted by a suitably qualified person.

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

• risk management
• employer training options
  • training staff and using control measures to manage risks associated with workplace hazards
• building and construction guide (orange book)
• employers guide to manual tasks
• manual handling
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995
• What penalties apply under the Workplace Health and Safety Act 1995.