Stanley Stephen Haman

Summary

Incident description:

On 25 of November 2008 a 61 year old man sustained serious injuries when an elevated working platform rolled over on uneven terrain.

The court acknowledged sole trader Stan Haman owned and operated the elevated working platform and employed the injured worker as a farm hand/fruit picker.

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 an undertaking.

The incident occurred while the worker was operating an elevated working platform at full extension on sloping terrain, without activation of a self-levelling device. The incorrect operation of the elevated work platform resulted in its instability, causing it to roll and eject the worker.

The investigation findings presented to the court revealed the defendant:

Did not conduct an adequate risk assessment of the work activity.
Did not source an operator's manual for the elevated working platform and failed to adequately train and instruct the injured person in the safe operation and use of the elevated working platform.
Identified the hazard associated with the work activity of operating the elevated working platform, but failed to assess the risks, implement adequate control measures and failed to monitor and review the operation of the plant.

Court result:

The defendant pleaded guilty in the Gympie Industrial Magistrates Court on 6 January 2010 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet his workplace health and safety obligations and was sentenced with a conviction recorded.

Industrial Magistrate Mr Dennis Beutel ordered the defendant pay a penalty of $10 000 as well as investigation and court filing costs totaling $6065.40.

In deciding the penalty Industrial Magistrate Beutel took into account the defendant co-operated with authorities, entered an early plea of guilty and implemented post-incident control measures. He also considered the seriousness of the injuries sustained by the worker, and the fact the defendant failed to comply with previous improvement notices relating to the elevated working platform.

Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

When working in the rural industry where there is exposure to risks from operating elevated working platforms, 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 operating elevated working platforms, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Consideration should also be given to the assessing the surrounding environment and conditions that the plant is operating in to ensure it falls within the parameters of the manufacturers instructions.

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

Details


Industry:	Rural
ANZSIC code:	–
Defendant:	Stanley Stephen Haman
Defendant ACN:	–
Date of offence:	25 August 2008
Location of offence:	Amamoor
Injury:	Ruptured aorta, fractured pelvis and shoulder
Circumstance of aggravation:	Grievous bodily harm
Court:	Gympie Industrial Magistrates Court
Magistrate:	Mr Dennis Beutal
Legislation:	s.28(1) Workplace Health and Safety Act 1995
Plea:	Guilty
Decision date:	06 January 2010
Penalty:	Fined $10 000
Maximum fine available:	$75 000
Investigation costs:	$6000
Professional and legal costs:	$–
Court costs:	$65.40
In default period to pay:	One month to pay, in default levy and distress
Conviction recorded:	Yes
CIS event no.:	87479