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Shane Lee JONES

Summary

Incident description:

On 5 December 2007, a worker was seriously injured when he fell 3.45 metres while working on the penthouse level of an apartment complex.

The day before the incident occurred, glass panels were being installed on a steel structure attached to the penthouse roof. During the installation, two panels were found to be defective and subsequently were not installed on the leading edge of the glass roof leaving two openings in the roof. The two defective panels were to be replaced on the day of the incident.

On the day of the incident, a worker was walking on the glass roof when he fell through a 1000 mm x 500 mm opening where one of the panels was to be installed.

The workplace health and safety investigation revealed the defendant failed to implement control measures to prevent workers falling through the two penetrations (openings).


Court result:

The court took into account the defendant had not been prosecuted previously for any workplace health and safety breaches, had cooperated with the investigation and entered an early plea of guilty.


Considerations for prevention:

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

When working in the construction industry where there is exposure to the risk of falling from heights, 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 appropriate control measures associated with the risk of falling from heights, obligation holders should ensure that prior to work beginning a work method statement and construction safety plan have been prepared (if deemed high risk work) by the principal contractor. Obligation holders should also ensure that all workers are fully site inducted, aware and trained in emergency procedures and have the specific skills to carry out the work safely. Control measures to be considered when working at heights may include using:

  • travel restraints
  • fall-arrest harnesses
  • edge protection or a guard railing that can withstand the force of a person falling against or through it
  • fall protection/penetration covers secured onto all penetrations preventing their inadvertent removal and able to withstand a fall onto it
  • visible signage to advise of any hazard in the work area (e.g. void or opening)
  • mechanical aid for safe reach (e.g. work platforms).

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

Details
   
Industry:
Construction
ANZSIC code:
4259
Defendant:
Shane Lee JONES
Defendant ACN:
-
Date of offence:
5 December 2007
Location of offence:
Main Beach
Injury:
Fractured spine
Circumstance of aggravation::
Grievous bodily harm
Court:
Southport Industrial Magistrates Court
Magistrate:
Mr Dermot Kehoe
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
20 March 2009
Penalty:
$10 000
Maximum fine available:
$75 000
Investigation costs:
$2299.40
Professional and legal costs:
-
Court costs:
$71.70
In default period to pay:
Three months to pay, in default levy and distress
Conviction recorded:
No
CIS event no.:
72055