Mort & Co Lot Feeders Pty Ltd
Incident description:
On 28 July 2008 a worker sustained injuries while working on a roof and falling five metres to the concrete slab below.
An incomplete fall restraint system was provided and no fall from height training had been provided to the injured worker.
The investigation found the injured worker was an employee of Mort & Co Lot Feeders Pty Ltd (defendant).
The investigation identified Mort & Co Lot Feeders 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 the obligation holder had a harness available to workers, however there was no hook up point on the roof of the shed. A risk assessment had not been conducted by the obligation holder and no fall from height training had been provided to the injured worker. The worker was assisting a maintenance supervisor unblock a grain system from a mill to a shed. After climbing fixed ladders they walked along the roof, and removed the inspection plate from the topside of the elevator, and unblocked the grain system. The maintenance supervisor returned to the ground while the worker fixed the elevator plate. While walking on the roof the worker slipped and fell five metres to the concrete slab below.
Court result:
Mort & Co Lot Feeders Pty Ltd pleaded guilty in the Toowoomba Industrial Magistrates Court on 28 July 2008 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 Mort & Co Lot Feeders Pty Ltd had not been prosecuted previously for any other workplace health and safety breaches had co-operated with the investigation and entered an early plea of guilty in ordering no conviction be recorded.
Industrial Magistrate Mr Bruce Schemioneck fined Mort & Co Lot Feeders Pty Ltd $35 000 as well as ordering investigation, professional and court costs totaling $2315.40.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the rural industry where there is exposure to risk from working at heights, 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 appropriate control measures associated with working at heights on mill roofs, obligation holders should consider the use of travel restraints, fall-arrest harness systems, edge protection or a guard railing that can withstand the force of a person falling against it.
Visit the Workplace Health and Safety Queensland website for more information on:
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Industry:
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Rural
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ANZSIC code:
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6701 |
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Defendant:
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Mort & Co Lot Feeders Pty Ltd
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Defendant ACN:
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096 338 206
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Date of offence:
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28 July 2008
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Location of offence:
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Millmerran
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Injury:
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Fracture injuries
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Toowoomba Industrial Magistrates Court
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Magistrate:
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Mr Bruce Schemioneck
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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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13 March 2009
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Penalty:
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$35 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$1500.00
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Professional and legal costs:
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$750.00
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Court costs:
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$65.40
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In default period to pay:
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Three 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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81931
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