Tyco Water Pty Ltd
Incident description:
On 22 May 2007 a worker sustained injuries while sweeping the floor in front of a conveyer system used for conveying pipes. The conveyor was activated causing a large pipe to strike the worker trapping him between the pipe and a conveyor rotator.
The investigation found the injured worker was working at a workplace under the control of Tyco Water Pty Ltd, however, he was not employed by Tyco Water Pty Ltd.
The investigation identified Tyco Water 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 a warning light and a siren activated when the conveyor was engaged but the injured worker, who was wearing ear plugs, did not hear the siren or see the light.
Court result:
Tyco Water Pty Ltd pleaded guilty in the Ipswich Industrial Magistrates Court on 12 January 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 Tyco Water Pty Ltd had co-operated with the investigation, and took subsequent steps to prevent a similar incident from occurring again in ordering no conviction be recorded.
Industrial Magistrate Ms Anne Thacker fined Tyco Water Pty Ltd $35 000 as well as ordering investigation, professional and court costs totaling $2815.40.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the manufacturing industry where there is exposure to risks from conveyers, 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 working around conveyers, obligation holders should consider installing swing gates and light curtains that prevent the conveyer from being energised if a worker is located in a hazardous area. Obligation holders should also consider the implementation of training for all workers to provide information and risks associated with machinery within the workplace.
Visit the Workplace Health and Safety Queensland website for more information on:
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Industry:
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Manufacturing
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ANZSIC code:
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2713 |
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Defendant:
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Tyco Water Pty Ltd
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Defendant ACN:
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087 415 745
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Date of offence:
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22 May 2007
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Location of offence:
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Carole Park
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Injury:
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Crushed left leg
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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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Ms Anne Thacker
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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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12 January 2009
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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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$2000
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Professional and legal costs:
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$750
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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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Nil
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Conviction recorded:
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No
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CIS event no.:
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63756
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