Haulmark Trailers (Australia) Pty Ltd

Incident description:

On 12 November 2007 a 19 year old worker sustained serious injuries when eight unsecured steel plates (weighing 80-100kg each) leaning against a post, tipped over and fell onto his leg.

The court acknowledged Haulmark Trailers (Australia) Pty Ltd employed the injured worker as an apprentice boilermaker.

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 investigation findings presented to the court alleged the incident occurred while the apprentice was under supervision in the workshop. He was observing his supervisor leaning the sheets of steel plating against a steel post into a rack for storage. The worker moved in front of the post contrary to instructions and continued to watch as his supervisor lifted the second of 10 plates with the use of a gantry arm.

The remaining plates that were leaning against the post began to fall from an upright position. The worker attempted to push them back. However, the sheets were too heavy, falling onto his left leg and pinning him underneath.

The investigation findings presented to the court revealed:

• the defendant acknowledged the risk attached to the task had not been identified and that no controls or safeguards had been put in place
• no risk assessment had ever been carried out in relation to the task of leaning the steel plates and loading them into the storage racks.

Court result:

The defendant pleaded guilty in the Holland Park Industrial Magistrates Court on 20 August 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

Industrial Magistrate Mr Terry Duroux ordered the defendant pay a penalty of $32 500 as well as investigation and court costs totalling $1377.18.

In deciding the penalty imposed the court took into account the defendant had been in operation for 70 years had not been prosecuted previously for any WHS breaches and had cooperated with the investigation when ordering no conviction be recorded.

Considerations for prevention:

When working in the manufacturing industry where there is exposure to risks from falling 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 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 control measures associated with the risk of being hit by falling steel plates, obligation holders should consider developing and implementing a system of work for workers to follow when stacking steel plates to ensure they are not positioned in a manner that will allow the steel plates to fall. Workers should be given information, instructions and training on the systems of work and advised of the risk involved when working in the workplace.

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

• health and safety information for manufacturing
• risk management
• implementing controls or evaluating or monitoring
• employer training options
• training staff and using control measures to manage risk
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007.