People First (Beachmere) Pty Ltd

Incident description:

On 23 May 2008 an 18 year old worker sustained serious injuries while using a padfoot roller to compact fill on an elevated building site.

The court acknowledged People First (Beachmere) Pty Ltd employed the injured worker as a casual labourer.

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

The investigation findings presented to the court alleged the worker was operating the roller back and forth to compact the surface of the elevated site near an embankment edge when the roller began to move down the embankment and tipped on to its side. The worker jumped from the roller and it came to rest on its side with the rollover protection structure striking the worker's lower leg.

The investigation findings presented to the court revealed:

• the worker did not hold a certificate of competency under the Workplace Health and Safety Regulation 1997 for the operation of the articulated roller
• the worker had not operated plant of this type prior to work at this site, and had only once operated the roller on elevated sites
• the worker had not sighted the operator's manual for the roller or the operator's requirements for its safe operation
• the roller was fitted with a roll-over protection structure (ROPS) and a seat belt
• the worker was not wearing a seat belt at the time of the incident
• the defendant did not undertake any specific site risk assessment for the operation of the roller but relied on the manufacturer's generic risk assessment, and
• the defendant had not provided any specific roller training to the worker other than the onsite training.

Court result:

People First (Beachmere) Pty Ltd pleaded guilty in the Caboolture Industrial Magistrates Court on 10 July 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 Mr Johnston fined People First (Beachmere) Pty Ltd $40 000 as well as ordering Investigation and court costs totaling $1129.27.

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

Considerations for prevention:

When working in the construction industry where there is exposure to risks from mobile plant, 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 mobile plant rolling over, obligation holders should consult the manufacturers instructions for the safe use of the plant and fit a ROPS and seatbelt. Obligation holders should ensure that all workers operating plant hold the appropriate certificate of competency. Further training and familiarisation of each worksite should also be considered to ensure workers are made aware of any risks that have been identified.

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

• health and safety information for construction
• key health and safety tips for general construction
• building and construction guide (orange book)
• modifying plant, machinery or equipment
• rollover protection structures (ROPS)
• employer training options
• training staff and using control measures to manage risk
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007.