Sunsteel Pty Ltd

Incident description:

On 12 September 2007 a worker sustained injuries when a reinforcement bar bending machine toppled over within a shipping container.

The court acknowledged Sunsteel Pty Ltd had employed the worker three days prior to the incident.

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 a bar in the process of being bent, struck an inside wall of the container, forcing the plant to tip over and strike a worker's right leg.

The investigation findings presented to the court revealed:

• the worker had received limited instruction
• Sunsteel Pty Ltd did not take adequate steps to ensure the plant was fixed to a stable foundation, and
• Sunsteel Pty Ltd did not take adequate steps to ensure there was sufficient room around the machine.

Court result:

Sunsteel Pty Ltd 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 and s.17(1) of the Workplace Health and Safety Regulations 1997 having failed to meet its workplace health and safety obligations.

Industrial Magistrate Mr Zachary Sarra fined Sunsteel Pty Ltd $30 300 as well as ordering investigation and court costs totalling $1 990.83.

In deciding the penalty imposed, Industrial Magistrate Sarra took into account the defendant had not been prosecuted previously for any workplace health and safety breaches, cooperated 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 machinery and equipment toppling over, 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 machinery or equipment toppling over during operation, obligation holders should consider securing the plant to a stable foundation and implement an appropriate training program for all workers in the safe operation of plant in the workplace. Consideration should also be given to operating plant in a work area that is both suitable, safe and will not increase the risk of injury to workers or others due to poor work station design.

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

• manufacturing industry health and safety information
• health and safety information for transport and storage
• manual handling
• risk management
• employers guide to manual tasks
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007.