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N. K. Collins Industries Pty Ltd

Summary

Incident description:

On 22 November 2007 a person sustained serious injuries when he was crushed by a stack of timber that fell off a trailer while it was being unloaded.

The investigation found the injured person was a teenager accompanying his father at work. The injured person's father was employed by N. K. Collins Industries Pty Ltd (defendant).

The investigation identified N. K. Collins Industries 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 N.K. Collins Industries Pty Ltd had a policy that other persons could not attend the workplace, but the worker had brought his son to work anyhow. At the time of the incident there was no documented system in place for loading and unloading of trailers. The injured person was on one side of a trailer loaded with stacks of timber while his father was on the other side. The injured person's father loosened a chain holding the load which resulted in it falling onto his son.

Court result:

N. K. Collins Industries Pty Ltd pleaded guilty in the Toowoomba Industrial Magistrates Court on 30 January 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 N. K. Collins Industries 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 no conviction be recorded.

Industrial Magistrate Ms Kay Ryan fined N. K. Collins Industries Pty Ltd $35 000 as well as ordering investigation, professional and court costs totaling $2721.85.

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 risks from unloading trucks or unauthorised access to the workplace, 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 unloading trucks and unauthorised access to the workplace, obligation holders should consider pedestrian exclusion zones around areas in which unloading or other hazardous work is being performed. Workers should be provided with information, instruction and training on workplace policies and procedures relating to others entering hazardous areas and obligation holders should provide supervision to ensure policies are adhered to.

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

Details
   
Industry:
Manufacturing
ANZSIC code:
 2311
Defendant:
N. K. Collins Industries Pty Ltd
Defendant ACN:
009 716 456
Date of offence:
22 November 2007
Location of offence:
Toowoomba
Injury:
Fractured pelvis and ankle
Circumstance of aggravation:
Grievous bodily harm
Court:
Toowoomba Industrial Magistrates Court
Magistrate:
Ms Kay Ryan
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
30 January 2009
Penalty:
$35 000
Maximum fine available:
$375 000
Investigation costs:
$1906.45
Professional and legal costs:
$750.00
Court costs:
$65.40
In default period to pay:
Eighteen months to pay, in default levy and distress
Conviction recorded:
No
CIS event no.:
71394