Tropical Reef Boat Building Pty Ltd

Incident description:

On 4 October 2007 a worker sustained fatal injuries while undertaking abrasive blasting work inside a designated confined space (in the hull of a naval ship). He lost control of the blasting hose and was struck by the blast media. He died at the scene.

The court acknowledged the worker was employed by Tropical Reef Boat Building Pty Ltd.

The court found the defendant held obligations under s.28 of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

The investigation findings presented to the court revealed:

• a 'deadman' safety control was immobilised (with electrical tape) and was not under immediate control of the operator
• safety control immobilisation had occurred at the workplace over an extended period of time
• an inadequate risk assessment was undertaken in relation to blasting in confined spaces
• confined space procedures were not adhered to
• instructions given to not immobilise the control of the blasting hose were not followed up, and were inadequate as a suitable control measure to cease the practice.

Court result:

The defendant pleaded guilty in the Cairns Industrial Magistrates Court on 17 June 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with a conviction recorded.

Industrial Magistrate Ms Suzette Coates fined the defendant $75 000 and ordered investigation and court costs totalling $6954.69.

In deciding the penalty imposed, Industrial Magistrate Coates took into account the defendant had been prosecuted previously for a workplace health and safety breach, but cooperated with the investigation, entered an early plea of guilty and had taken substantial remedial action.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When working in the manufacturing industry where there is exposure to risks from abrasive blasting, 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
• 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 death or injury, obligation holders undertaking abrasive blasting work should consider equipment immobilisation procedures and risk management when working in confined spaces.

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

• Abrasive Blasting 2004 Code of Practice
• Plant 2005 Code of Practice
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.