The MCQ Group Pty Ltd

Incident description:

On 17 September 2007 a worker sustained fatal injuries when the front end loader he was operating rolled.

The MCQ Group Pty Ltd (defendant) employed the worker as a plant operator.

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

The investigation findings presented to the court alleged the incident occurred when the worker was operating the front end loader on a 12 degree slope. The worker reversed the front end loader over a pile of dirt causing it to destabilise and roll down the slope crushing the worker.

The investigation findings presented to the court revealed:

• the defendant failed to fit a roll-over protective structure to the loader
• the defendant failed to provide workers with safe operating instructions and supervision while operating front end loaders.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 14 April 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

Industrial Magistrate Ms Wendy Cull ordered the defendant pay a penalty of $80 000 as well as investigation, professional and court costs totaling $3122.40.

In deciding the penalty imposed, Industrial Magistrate Ms Wendy Cull took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches and co-operated with the investigation and entered an early plea of guilty when ordering no conviction be recorded.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from operating front end loaders, 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 control measures associated with the risk of a front end loader rolling, obligation holders should consider installing roll-over protective structures (ROPS) as well as providing workers with information and instructions on the system of work to follow when operating loaders on uneven or sloping ground.

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

• building and construction guide (orange book)
• construction industry inductions
• key health and safety tips for general construction
• risk management
• safe operating procedures
• rollover protective structures
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007.