Scope Engineering Services Pty Ltd

Incident description:

On 13 August 2008 a worker sustained fatal injuries after being pinned underwater to the floor of a pond at a sand plant.

The court acknowledged Scope Engineering Services Pty Ltd was engaged to design, construct and install plant and a pontoon. The deceased worker was employed by an electrical contracting company and engaged by the defendant to undertake electrical work on the pontoon.

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 incident occurred while the worker was reconnecting electrical connections to the plant on the pontoon. The pontoon had two pumps attached (one large 2.5 tonne pump, and one smaller pump) that moved water from the pond to a sand washing plant.

The new pontoon was positioned by crane and the pumps from an old pontoon were placed on the new pontoon. The pumps were not secured to the pontoon by any means.

The sand plant site supervisor requested an existing walkway be fixed to the side of the new pontoon. Inclusion of the walkway was not a feature of the works to be undertaken. The walkway was connected to the new pontoon. The pontoon 'listed' (tilted) causing the unsecured pumps to move and the pontoon to capsize.

The deceased and two other workers on the left-hand side of the pontoon were thrown into the water. The deceased worker was located pinned to the floor of the pond by the large pump.

The investigation findings presented to the court revealed:

• the defendant failed to identify the hazard presented by the unstable pontoon
• the defendant did not assess the additional risk presented by the attachment of the walkway
• a risk assessment had been performed in relation to the scope of works which did not include the connection of the walkway
• while the pontoon was 'listing' (tilting) the defendant did not identify the pontoon could capsize
• in the initial risk assessment, the defendant identified falling into the water as a risk, but did not contemplate the pontoon capsizing
• the defendant failed to identify the hazard presented by the pontoon and its attachments and failed to develop and implement a safe system of work for the work activity.

Court result:

The defendant pleaded guilty in the Caboolture Industrial Magistrates Court on 20 August 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 Paul Johnstone ordered the defendant pay a penalty of $65 000 as well as investigation and court costs totaling $3 253.68.

In deciding the penalty imposed the court 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 when ordering no conviction be recorded.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from working on a pontoon, 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 pontoon capsizing, obligation holders should consider obtaining expert naval architect advice about the stability of any structure. Prior to the commencement of work a safety plan and work method statement should be completed by obligation holders to ensure that potential risk can be identified and controlled.

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

• building and construction guide (orange book)
• construction safety plans and method statements
• health and safety information for construction
• key health and safety tips for general construction
• risk management
• implementing controls or evaluating or monitoring
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007.