Neil Mansell Transport Pty Limited

Incident description:

On 5 March 2009 a 50 year old male sustained serious injuries whilst attempting to change a tyre attached to a split rim on a piece of mobile plant.

The investigation findings presented to the court alleged the incident occurred while the injured person was removing a tyre from a 1960 Chamberlain Champion Mobilift Mark III; the tyre was fixed to a split rim. The worker was not aware that the tyre was fitted to a split rim assembly and had not previously removed split rims from mobile plant. The worker removed the nuts holding the rim together using a rattle gun. The rim exploded apart striking the worker in the arm, chest and leg.

The investigation findings presented to the court revealed:

• the defendant did have processes in place to identify split rims
• the defendant did not have a procedure in place to remove split rims
• workers were not provided training in the removal of split rims.

Court result:

The court found the defendant held obligations under s.28 (1) of the Workplace Health and Safety Act 1995 (the Act) being a person in control of a business of undertaking.

The defendant pleaded guilty in the Toowoomba Industrial Magistrates Court on 11 September 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Ms Kay Ryan ordered the defendant pay a penalty of $32,500 as well as investigation and court costs totaling $1363.15.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to identify plant with split rims and failed to provide training to workers in relation to removal of split rims.

In deciding the penalty imposed Industrial Magistrate Ryan took into account the defendant had not previously been prosecuted under the Act, co-operated with Workplace Health and Safety Queensland, entered an early plea of guilt and was a good corporate citizen with various references pertaining to its commitment to health and safety and charitable.

Considerations for prevention:

When working in the transport and storage industry where there is exposure to risks from split rims, 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 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 risk of removal of split rims, 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 with the appropriate tools and understanding to manage risks associated with workplace hazard.

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

• single piece and multi piece rim wheels rural information guide
• training staff as a control measure to manage risks associated with workplace hazards
• health and safety tips for the transport and storage industry
• risk management
• risk assessment form
• personal protective equipment
• the Workplace Health and Safety Act 1995
• the Risk Management Code of Practice 2007.