Air Design Pty Ltd

Incident description:

On 16 February 2009 a worker fell from a platform while installing an air handling unit (AHU).

The court found the defendant held obligations under s.32A of the Workplace Health and Safety Act 1995 being a manufacturer of plant. The defendant did not ensure the plant was accompanied by information about the way it must be used to ensure health and safety when the plant was supplied to another person.

The investigation findings presented to the court alleged:

• the AHU supplied by the defendant was part of an air conditioning system to be installed at the Maroochydore RSL Club
• the AHU contained a coil that was under pressure
• the instructions provided by the defendant did not refer to the coils being under pressure
• a caution label had been placed on the end of the unit, but that was partially obscured by external panelling
• an incident occurred in August 2007 when a third year apprentice plumber cut a pipe under pressure. The defendant was aware of the incident and had recommendations made to it to change the label to the more traditional danger/warning sign to be placed at eye height. The defendant made no change to the size and design of the caution label
• it was the worker's intention to connect the end of the pipes from the chilled water coil to piping which had been installed into the ceiling to run chilled water through the AHU. When the pipe of the pressurised coil in the AHU was cut through there was a sudden release of pressure and the worker fell from the platform.

Court result:

The defendant pleaded guilty in the Maroochydore Industrial Magistrates Court on 16 December 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 Mr John Hodgins fined the defendant $22 500 as well as ordering investigation and court costs totalling $2840.94.

In reaching a decision the industrial magistrate acknowledged the defendant failed to alert anyone installing the unit that the coil provided was under pressure, and to draw to the attention of an installer that the pressure should be released before the pipe was cut.

In deciding the penalty imposed Industrial Magistrate Hodgins took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty.

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 plant, 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 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 pressurised plant, obligation holders should ensure warnings appear about the possibility that the unit's coil could be under pressure and workers are given clear instructions on the safe use and installation of the units.

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

• Managing risk
• Employer training options
• Training staff
• Air-conditioner installation
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.