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Queensland Sugar Ltd

Summary

Incident description:

On 11 December 2007, a worker was seriously injured while working near a stockpile of sugar. The worker was removing a metal hopper cover from a floor penetration next to stockpile when a 'slippage' of the sugar occurred, engulfing the worker who then required rescuing.

The investigation revealed risks associated with engulfment were identified prior to the incident; however Queensland Sugar Ltd relied on administrative controls only. 

Although a floor penetration being covered was not the defendant's normal practice, no risk assessment was undertaken. Rescue procedures were also found to be inadequate, with a second engulfment occurring during the rescue.


Court result:

The court took into consideration an early plea, co-operation with the investigation, it being a first offence and good corporate citizenship.

In assessing the objective gravity, Industrial Magistrate Peter Smid made reference to the fact the breach was not systemic in nature and did not concern unguarded machinery. He noted that if Fair Trading inspectors had not earlier attended the workplace to test weights and measures, the covers would likely have been removed prior to the sugar being loaded and the incident may not have occurred. The defendant pleaded guilty and was fined with no conviction recorded.


Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

When working in the manufacturing industry where there is exposure to risks from engulfment through stockpiled product, obligation holders should apply a risk management approach to ensure selection of suitable controls.

Risk management involves identifying hazards, evaluating the consequences and likelihood of harm that may result, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring effectiveness of control measures to ensure they are working correctly.

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

Obligation holders should consider the development of a comprehensive training program to ensure workers are aware of the risks involved in their workplace and are prepared and equipped with the resources to identify and report potential hazards and deal with any emergency that may become apparent. For further information regarding emergency procedures in the sugar mill industry refer to section 3.2 of the Sugar Mill Safety - Supplement to the Sugar Industry Code of Practice 2005.

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

Details
   
Industry:
Manufacturing
ANZSIC code:
0001
Defendant:
Queensland Sugar Ltd
Defendant ACN:
090 152 211
Date of offence:
11 December 2007
Location of offence:
Townsville
Injury:
Crushed pelvis and fractured spine
Circumstance of aggravation::
Grievous bodily harm
Court:
Townsville Industrial Magistrates Court
Magistrate:
Mr Peter Smid
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
9 February 2009
Penalty:
$30 000
Maximum fine available:
$375 000
Investigation costs:
$2268.83
Professional and legal costs:
$750
Court costs:
$71.70
In default period to pay:
Thirty days to pay, in default levy and distress
Conviction recorded:
No
CIS event no.:
72263