Sunstate Cement Limited

Incident description:

On 5 July 2007 a worker sustained serious injuries when struck in the upper arm by a modified 'kamlock' fitting that was being used to clear a blockage from a pipe.

The court acknowledged Sunstate Cement Limited employed the injured worker.

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 workers were pumping dry material known as flyash, used in the production of cement, from a temporary silo into a blending bin (larger silo).

A flexible four inch hose was connected to a fixed pipe on the side of the blending bin for the pumping of the flyash. A blockage occurred where the hose and fixed pipe connected.

The injured worker attempted to clear the blockage by connecting an air hose to a modified 'kamlock' to clear the blockage. The modified 'kamlock' fitting locked onto the end of the fixed pipe and a compressor was used to pump air into the pipe. The worker thought the pressurised air did not clear the blockage and began to remove the modified 'kamlock'. The sudden release of air pressure caused the modified 'kamlock' to fly off and strike him in the upper arm.

The investigation findings presented to the court revealed:

• the modified 'kamlock' had been fashioned by another worker from a metal locking cap used to close off the ends of similar pipes
• the other worker modified the cap by drilling a hole in it and fixing a valve to enable pressurised air to be pumped through it to clear line blockages
• this modified equipment was not authorised by the company and did not appear on any property register
• no assessment or system of work had been developed on clearing these types of blockages as the procedure of transferring flyash between silos was in use only during the construction of permanent silos.

Court result:

The defendant pleaded guilty in the Wynnum Industrial Magistrates Court on 8 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 Zac Sara ordered the defendant pay a penalty of $30,000 as well as investigation and court costs totalling $1301.55.

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 manufacturing industry where there is exposure to risks from modified equipment, 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 injury from modified pressure equipment, obligation holders should consider implementing a schedule to have all equipment within the workplace inspected and assessed to ensure they meet the manufacturer's specifications and meet the requirements for the intended use. Obligation holders should also consider implementing a training program for all workers to ensure safe working practices are followed in the workplace.

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

• health and safety information for manufacturing
• modifying plant, machinery or equipment
• risk management
• implementing controls or evaluating or monitoring
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007.