Macquarie Assets Services Limited

Incident description:

On 10 December 2005 a 45 year old contractor, employed as a part-time cleaner at the Nambour Plaza Shopping Centre, was fatally injured when one part of a security gate weighing 900 kilograms fell onto her.

The court acknowledged Macquarie Asset Services Limited failed to minimise risk or harm at the workplace, regardless of the fact other persons also had obligations to ensure people were free from risk.

The court found the defendant held obligations under s.28 of the Workplace Health and safety Act 1995 being a person in control of the workplace.

The investigation findings presented to the court alleged:

• the defendant failed in its role as facilities and property services manager for the plaza including:
  • inspection and compliance services for facilities management
  • development management
  • property management.
• the security gate was poorly maintained and required attention
• such failure caused the death of the worker
• the source of the risk emanated from operation, maintenance and repair of plant.

The investigation findings revealed:

• The defendant appointed Savills (Qld) Pty Ltd as property manager of the Nambour Plaza Shopping Centre.
• Savills (Qld) Pty Ltd, as centre/property manager, appointed contractors including KMB Investments Pty Ltd (a security firm) and the deceased worker's employer.
• On the evening prior to the incident, security attempted to the close the gate, resulting in it being manipulated to a closed position with a steel pipe/bar.
• Early in the morning of the incident, the worker that was fatally injured activated the security gates.
• The gates typically opened from the centre to the sides, retracting on the inside of the facade concrete side walls.
• The worker that was fatally injured, walked parallel to the gates.
• As the gates were opening, the eastern gate followed the direction the western gate was moving.
• As the gate traveled past the centre of the opening, the eastern gate fell inwards.
• It fell onto the worker, knocking her to the ground and causing the fatal injuries.

Court result:

The defendant pleaded not guilty in the Maroochydore Industrial Magistrates Court on 3 April 2008 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

The matter went to trial on 4 April 2008 and 4–6 August 2008. The defendant was found guilty on 25 September 2009 of breaching s.24(1) of the Workplace Health and Safety Act 1995. Industrial Magistrate Mr Clifford Taylor ordered the defendant pay a penalty of $90 000 as well as investigation and professional costs totaling $42 639.

In reaching a decision, the Industrial Magistrate acknowledged the defendant failed to satisfy itself of the risk associated with gates and relied on others to minimise the risk or harm, not withstanding the fact the hazard had come to fruition relevant to the matter at hand—'it chose not to trouble itself'.

In deciding the penalty imposed, Mr Taylor took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches, and its otherwise good corporate citizenship. No conviction was recorded.

Considerations for prevention:

When working in the retail and wholesale industry where there is exposure to risks from plant or objects falling, 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 keep working correctly .

When deciding on and implementing appropriate control measures associated with the risk of injury from falling objects or plant, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers.

The following are control measures that obligation holders may consider when plant is identified as needing repair or if there is a risk of objects falling:

• repair plant as soon as practicable
• shutdown plant or take plant offline if it is identified as a risk
• clearly label or tag plant appropriately to identify it requires repair
• place a barrier around or over object/plant with clear signage to ensure workers or the public cannot gain access
• secure plant or object if there is a risk of any parts collapsing or falling
• provide personal protective equipment to workers accessing the work area (e.g. hard hats).

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

• health and safety information for retail and wholesale
• managing risk
• personal protective equipment (PPE)
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007
• Plant Code of Practice 2005