Fencewise (Qld) Pty Ltd

Incident description:

On 30 April 2008 a 23 year old male worker sustained injuries when his hand and wrist were crushed in the impeller shaft of a mobile concrete pump.

Fencewise (Qld) Pty Ltd operated an undertaking to manufacture and erect concrete fence panels for domestic housing. The injured worker was employed by the defendant as a labourer.

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 incident occurred when the worker removed a panel prop that was supporting a temporarily erected fence panel.

The investigation findings presented to the court revealed:

• the fence panel weighed between 2.5 and 3 tonnes
• the worker had been employed for one month with Fencewise (Qld) Pty Ltd
• while the worker received on the job training on various aspects of erecting fence panelling, he had not received training in what to do when a propped panel was to be moved.

Court result:

The defendant pleaded guilty in the Southport Industrial Magistrates Court on 19 October 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Mr Brian Kucks fined the defendant of $25 000 as well as ordering investigation, professional and court costs totalling $3732.30.

In reaching a decision the industrial magistrate acknowledged the defendant failed to train the worker in the process he was to follow.

In deciding penalty Industrial Magistrate Kucks took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When working in the construction industry where there is exposure to risks from falling objects during installation, 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
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

General inductions and training may not cover all components of work, so specific task training should be conducted in addition to ensuring there is appropriate supervision on site.

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

• Building and construction
• New safety guidance for house builders
• Concrete pumping safety
• Tilt-up and Pre-Cast Construction Industry 2003
• Protection from falling objects
• Managing risk
• Employer training options
• Training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.