Swift Australia Pty Ltd
Incident description:
On 25 January 2008 a worker sustained injuries while connecting a plant power take-off to a pump on a tanker trailer. The worker's shirt became caught in the power take-off shaft and he was thrown over the trailer, landing on the ground on the other side.
The investigation found the injured worker was an employee of Swift Australia Pty Ltd.
The investigation identified Swift 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 Swift Australia Pty Ltd failed to assess the risks from the power take-off shaft and did not have a guard attached to the moving shaft.
Court result:
Swift Australia Pty Ltd pleaded guilty in the Ipswich Industrial Magistrates Court on 16 March 2009 to breaching s.24(1) Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.
The court took into account Swift Australia Pty Ltd had not been prosecuted previously for any other workplace health and safety breaches, had co-operated with the investigation and had entered an early plea of guilty in ordering no conviction be recorded.
Industrial Magistrate Mr Matthew McLaughlin fined Swift Australia Pty Ltd $35 000 as well as ordering investigation, professional and court costs totaling $2466.58.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the meat industry where there is exposure to risks from moving machine parts, 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 appropriate control measures associated with moving machine parts, obligation holders should consider engineering a guard to separate workers from the moving parts. Workers should also be provided with information, instruction and training on operating safely around moving parts.
Visit the Workplace Health and Safety Queensland website for more information on:
- managing risk
- Guide to safeguarding common machinery and plant
- plant, equipment and machinery
- training staff
- transport and storage industry specific information
- safely moving furniture and equipment
- Workplace Health and Safety Act 1995
- Risk Management Code of Practice 2007
- Plant Code of Practice 2005.
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Industry:
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Meat retail industry
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ANZSIC code:
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2111 |
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Defendant:
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Swift Australia Pty Ltd
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Defendant ACN:
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011 062 338
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Date of offence:
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25 January 2008
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Location of offence:
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Dinmore
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Injury:
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Fractured knee
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Ipswich Industrial Magistrates Court
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Magistrate:
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Mr Matthew McLaughlin
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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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16 March 2008
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Penalty:
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$35 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$1651.18
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Professional and legal costs:
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$750.00
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Court costs:
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$65.40
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In default period to pay:
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Six months to pay, 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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73806
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