Launderers Pty Ltd
Incident description:
Two workers sustained injuries while attempting to 'un-jam' a piece of metal that caused a guided platform hoist to cease operating.
The platform hoist was used to raise and lower materials between floors. When the wedged piece of metal was released, the platform hoist fell along with the two workers, to the ground floor.
The investigation identified that Launderers Pty Ltd failed in its obligation owed under s.28(1) Workplace Health and Safety Act 1995 (the Act) being a person conducting a business or undertaking.
The Workplace Health and Safety Queensland investigation revealed the company did not adopt and implement a safe system of work for the operation of the guided platform hoist. It also failed to adopt and implement a safe system of work for how maintenance or repairs were to be undertaken upon the hoist.
Court result:
Launderers Pty Ltd pleaded guilty in the Southport Industrial Magistrates Court on 19 June 2009 to breaching s.24(1) the Act, for failing to meet its workplace health and safety obligations. It was fined with no conviction recorded.
The court took into account that Launderers Pty Ltd had not been prosecuted previously for any breach under the Act, had co-operated with the investigation and had entered an early plea of guilty.
Industrial Magistrate Mr Terry Duroux ordered Launderers Pty Ltd pay a penalty of $35,000 as well as investigation and court costs totaling $7,775.70.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in a laundry and dry-cleaning work setting where there is exposure to risks from unsafe 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 upon 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 upon and implementing appropriate control measures associated with the operation and maintenance of plant, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. A suitable training program should also be considered by obligation holders to provide staff operating or working around plant with the appropriate tools and understanding to manage risks associated with workplace hazards.
Visit the Workplace Health and Safety Queensland website for more information on:
- risk management
- risk assessment form
- staff training staff
- health and safety information for the hospitality, recreation and other services industry
- health and safety information for the retail and wholesale industry
- the Workplace Health and Safety Act 1995
- the Risk Management Code of Practice 2007
- the Plant code of Practice 2005
- Australian Standard AS1418 - Cranes, hoists and winches.
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Industry: |
Laundries and dry-cleaners |
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ANZSIC code: |
9521 |
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Defendant: |
Launderers Pty Ltd |
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Defendant ACN: |
009 887 647 |
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Date of offence: |
17 April 2008 |
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Location of offence: |
Southport |
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Injury: |
worker (1) crush fracture and worker (2) fractured right arm |
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Circumstance of aggravation: |
Grievous bodily harm x 2 |
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Court: |
Southport Industrial Magistrates Court |
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Magistrate: |
Mr Terry Duroux |
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Legislation: |
s.28(1) Workplace Health and Safety Act 1995 |
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Plea: |
Guilty |
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Decision date: |
19 June 2009 |
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Penalty: |
$35,000 |
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Maximum fine available: |
$375,000 |
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Investigation costs: |
$7,704 |
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Professional and legal costs: |
- |
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Court costs: |
$71.70 |
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In default period to pay: |
Referred to State Penalty Enforcement Registry, in default levy and distress |
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Conviction recorded: |
No |
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CIS event no.: |
77442 |
