Construction Engineering (Qld) Pty Ltd
Incident description:
A landscaping employee was seriously injured whilst working for an obligation holder at the worksite of the defendant. The employee fractured his shoulder when he fell (approximately 1.2 metres) into a newly installed storm water pit covered with an unsecured plastic corflute real estate sign.
The area where the pit was installed had been appropriately fenced to prohibit persons accessing the area. This fencing had been removed on the morning of the incident to permit another obligation holder (landscaper) to prepare the area for laying turf.
Court result:
The defendant pleaded guilty and was fined $30 000. No conviction recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the building and construction industry where there is exposure to risks from 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 the risk of falls, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Adequate signage and appropriate barriers should be considered where there is a risk of injury from falls. Obligation holders should also ensure that a site specific induction is completed for all workers entering the construction site. All workers should then be regularly updated and made aware of any changes to the area prior to beginning work.
Visit the Workplace Health and Safety Queensland website for more information on:
- health safety information for construction
- building and construction guide (orange book)
- construction industry inductions
- conducting risk assessments
- implementing controls or evaluating or monitoring them
- Risk Management Code of Practice 2007
- Workplace Health and Safety Act 1995
- what penalties apply under the Workplace Health and Safety Act 1995
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Industry:
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Building and construction
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ANZSIC code:
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4113 |
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Defendant:
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Construction Engineering (Qld) Pty Ltd
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Defendant ACN:
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092 958 051
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Date of offence:
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24 July 2006
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Location of offence:
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Springwood
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Injury:
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Fractured shoulder
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Beenleigh Magistrates Court
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Magistrate:
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Mr Graham Wilkie
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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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7 March 2008
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Penalty:
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$30 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$1285.00
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Professional and legal costs:
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$750.00
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Court costs:
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$66.30
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In default period to pay:
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One month 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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51394
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