Kalmar Equipment (Australia) Pty Ltd
Incident description:
On 9 November 2007 a worker sustained serious injuries when he fell four metres from a service platform attached to an auto straddle carrier crane.
The investigation found the injured person was a labour hire worker working under the control of Kalmar Equipment (Australia) Pty Ltd (defendant).
The investigation identified Kalmar Equipment (Australia) Pty Ltd held obligations under s.28(1) Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.
The investigation revealed Kalmar Equipment (Australia) Pty Ltd failed to implement a system of work for workers to follow when completing the task of cleaning the light sensors. Clear and unobstructed access to the light sensors was not available to the worker via the service platform, due to the addition of an oil reservoir in the center of the service platform. The worker leaned over the platform handrail to clean a light sensor, when the handrail gave way.
Court result:
Kalmar Equipment (Australia) Pty Ltd pleaded guilty in the Wynnum Industrial Magistrates Court on 6 February 2009 to breaching s.24(1) Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.
The court took into account that Kalmar Equipment (Australia) Pty Ltd had not been prosecuted previously for any other workplace health and safety breaches, had co-operated with the investigation and had entered an early plea of guilty, in ordering no conviction be recorded.
Industrial Magistrate Mr Zachary Sarra fined Kalmar Equipment (Australia) Pty Ltd $45 000 as well as ordering investigation and court costs totaling $2029.55.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the transport and storage industry where there is exposure to risks from working at heights 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 working at heights obligation holders should consider using appropriate equipment to reach areas that are difficult to access. Equipment such as ladders or scissor lifts may be considered with appropriate information and training on the risks and use of the equipment and performing maintenance tasks at height.
Visit the Workplace Health and Safety Queensland website for more information on:
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Industry:
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Transport and storage
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ANZSIC code:
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6649 |
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Defendant:
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Kalmar Equipment (Australia) Pty Ltd
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Defendant ACN:
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078 885 613
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Date of offence:
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9 November 2007
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Location of offence:
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Port of Brisbane
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Injury:
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Fractured spine and ankle
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Wynnum Industrial Magistrates Court
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Magistrate:
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Mr Zachary Sarra
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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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6 February 2009
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Penalty:
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$45 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$1958.45
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Professional and legal costs:
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Nil
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Court costs:
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$71.70
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In default period to pay:
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Two months to pay, in default levy and distress
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Conviction recorded:
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No
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CIS event no.:
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70830
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