Adds Up Engineering Pty Ltd

Incident description:

On 20 February 2009 a 22 year old boiler maker’s left forearm was partially amputated between the profile plates of a forklift.

The court acknowledged the worker was employed by Adds Up Engineering Pty Ltd as a boiler maker and was using a forklift to move plant. The forklift overturned during this process, without injuring the worker. While assisting in righting and recommissioning the forklift, he noticed the chains had come off the rollers at the top of the mast. As he put his arm on the inside of the mast frame to replace the chains, the inner frame of the forklift fell catching his forearm between the two profile plates.

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.

Investigation findings presented to the court alleged the defendant failed to identify the risks involved in the task and as a consequence did not ensure adequate control measures were in place to prevent the incident.

The investigation findings presented to the court revealed that although there was a proper system put in place for the successful righting of the overturned forklift, workers had not been instructed as to their roles in the recommissioning of the forklift. Consequently, there was not a proper system in place for the recommissioning.

Court result:

The defendant pleaded guilty in the Bundaberg Industrial Magistrates Court on 15 July 2010 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 no conviction recorded.

Industrial Magistrate Ms Jennifer Batts ordered the defendant pay a penalty of $32 000 as well as investigation and court costs totalling $1565.40.

In reaching a decision the industrial magistrate acknowledged the defendant failed to meet its obligation as an employer.

In deciding the penalty imposed, Industrial Magistrate Batts took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation, attended a record of interview where admissions were made, and had an exemplary past record and attitude towards safety. The defendant had shown remorse, taken significant post incident safety measures and entered an early plea of guilty.

Considerations for prevention:

When working in the engineering, transport and manufacturing industry where there is exposure to risks from damaged plant, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves:

• 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 damaged plant, obligation holders should identify all of the risks that may result from the recommissioning of the plant and provide full instructions to all employees.

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

• Manufacturing
• Health and safety information for manufacturing
• Forklift trucks
• Safety alert – Safe forklift operation
• Managing risk
• Employer training options
• Training staff
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.