Ipswich Golf Club
Incident description:
On 30 January 2009 a 63 year old male volunteer worker, working part-time under the 'Work for the Dole programme', sustained serious injuries when his right foot was caught in cutting blades of an 'Iseki Rough Cutter' (ride on mower/cutter) whilst he was cutting the grass of the 'rough' of the first fairway of a golf course.
The court acknowledged Ipswich Golf Club was the employer of the injured worker.
The court found the defendant held obligations under s.28 (1) of the Workplace Health and Safety Act 1995 being a person in control of a business or undertaking.
The incident occurred whilst the injured worker was operating the 'Rough Cutter'(the cutter). The worker alighted from the cutter, retrieved three golf balls from the grass and then returned to place the golf balls next to the cutter's steering wheel attachment. As he did this his right foot came into contact with the rotating blades.
The investigation findings presented to the court revealed:
- The defendant did not implement a formal system for identification and tracking of faulty plant, resulting in it permitting the cutter to be used without a chute guard and with a defective safety solenoid (the safety solenoid cuts power to the blades if the operator leaves the operator's seat).
- The defendant conducted no formal risk assessment for the task being performed by the injured worker.
- The defendant did not identify or implement a safe system of work for the hazard of moving parts of powered mobile plant, namely the cutter.
- Training provided to the injured worker comprised an informal induction and training on operational procedures on each machine he was required to use, including the cutter, but did not include any formal or documented training.
Court result:
The defendant pleaded guilty in the Ipswich Industrial Magistrates Court on 8 February 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 Matthew McLaughlin fined the defendant $44 000 as well as investigation costs and costs of court totalling $1166.18.
In reaching a decision, the Industrial Magistrate acknowledged identify the risk of injury to workers from the faulty plant, being the 'Rough Cutter'.
In deciding the penalty imposed, Industrial Magistrate McLaughlin took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches, cooperated with the investigation and entered an early plea of guilty. The defendant was sentenced with no conviction recorded.
Considerations for prevention:
(Commentary under this heading is not part of the Court's decision.)When working in the hospitality, recreation and other services industry where there is exposure to risks from the moving parts of powered mobile plant, the system of work for the use of—or repair and maintenance of—powered mobile plant, 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 and implementing control measures associated with the above risks, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Obligation holders should ensure that a risk assessment is completed and evaluated in the operation of the mobile plant and the work areas that the mobile plant will be used in. Safe work practices should then be developed with full induction and training for all staff to ensure they are aware of the risks involved.
Control measure to be considered when exposed to the risks from the moving parts of powered mobile plant, the system of work for the use of—or repair and maintenance of—powered mobile plant risk of operating mobile plant may include:
- implementing daily serviceability checks (e.g. checking oil levels, tyre wear, lights, emergency stop/cut out work etc) prior to operating
- scheduling periodic maintenance
- system of work for identifying plant requiring repair (e.g. attaching a repair tag)
- enforcing the use of personal protective equipment (PPE) (e.g. steel cap boots, safety glasses, ear muffs)
- implementing exclusion zones near moving plant
- installing audible/flashing warning systems to identify moving plant
- installing guards where hazard exists (must follow manufacturers recommendations or have guards checked by an approved engineer)
- restricting movement of mobile plant during busy pedestrian periods.
Visit the Workplace Health and Safety Queensland website for more information on:
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Industry:
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Hospitality, recreation and other services
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ANZSIC code:
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5740 |
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Defendant:
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Ipswich Golf Club
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Defendant ACN:
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009 666 120
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Date of offence:
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30 January 2009
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Location of offence:
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Leichhardt
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Injury:
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Amputation of three toes(3rd, 4th and 5th toe) and a foot bone (5th metatarsal) of the right foot.
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Ipswich Industrial Magistrates Court
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Magistrate:
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Mr Matthew McLoughlan
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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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8 February 2010
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Penalty:
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$44 000
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Maximum fine available:
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$500 000
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Investigation costs:
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$1095.18
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Professional and legal costs:
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-
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Court costs:
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$71.00
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In default period to pay:
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18 months to pay, in default levy and distress
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Conviction recorded:
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No conviction recorded
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CIS event no.:
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90170
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