Send Australia Pty Ltd
Incident description:
On 24 September 2007 three workers sustained serious injuries while an x-ray unit was being delivered to the imaging department of a hospital. During transport within the hospital premises, the unit fell and struck the workers.
The investigation found two of the workers were employed by the hospital and the other injured worker was an employee of the x-ray manufacturer who was on site assisting in the delivery and placement of the unit.
The investigation identified that Send Australia 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 that Send Australia Pty Ltd did not have procedures in place to manage unloading and transport of the unit. There were no procedures ensuring people were excluded from the area around the unit during transport within the hospital.
Court result:
Send Australia Pty Ltd pleaded guilty in the Southport Industrial Magistrates Court on 20 February 2009 to breaching s.24(1) Workplace Health and Safety Act 1995, for having failed to meet its workplace health and safety obligations.
The court took into account Send Australia 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 Ronald Kilner fined Send Australia Pty Ltd $60 000 as well as ordering investigation, professional and court costs totaling $3079.40.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the transport and storage industry where there is exposure to risks from moving heavy loads, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.
Risk management involves 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 moving heavy loads, obligation holders should consider the use of exclusion zones for those not involved in equipment movement and the use of appropriate lifting platforms. Consideration should be given to the development of safe operating procedures to appropriately secure equipment being moved, positioned and unpacked.
Visit the Workplace Health and Safety Queensland website for more information on:
- managing risk
- transport and storage industry specific information
- health and safety tips for delivery drivers
- safe operating procedures
- transport and storage industry specific information
- safely moving furniture and equipment
- Workplace Health and Safety Act 1995
- Risk Management Code of Practice 2007.
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Industry:
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Transport and storage
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ANZSIC code:
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6110 |
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Defendant:
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Send Australia Pty Ltd
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Defendant ACN:
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123 709 339
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Date of offence:
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24 September 2007
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Location of offence:
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Southport
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Injury:
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Crushed and bruised legs
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Circumstance of aggravation:
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Grievous bodily harm, bodily harm, simpliciter
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Court:
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Southport Industrial Magistrates Court
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Magistrate:
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Mr Ronald Kilner
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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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20 February 2009
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Penalty:
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$60 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$2263.00
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Professional and legal costs:
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$750.00
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Court costs:
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$66.40
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In default period to pay:
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Referred to State Penalty Enforcement Registry, 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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69284
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