Colour Vision Systems Pty Ltd

Incident description:

On 11 September 2009 a 21 year old male worker sustained fatal injuries after he fell from a stone fruit conveyor line and was struck by falling plant.

The court found Colour Vision Systems Pty Ltd held obligations under s.24 and 28(1) of the Workplace Health and Safety Act 1995 being an employer. 

Investigation findings presented to the court revealed:

• The conveyor line consisted of an in-feed and two lane sizer, with a series of return elevators secured to the in-feed.
• Return elevators were used to return second-grade fruit to the beginning of the line for regrading or discard. Each weighed 107 kilograms and was usually bolted to the concrete floor. However, they were not secured at the time, having been moved while adjustments were made to the conveyor's grading electronics.
• While making adjustments, the worker pulled himself up using a return elevator. He lost his balance and fell backwards, the return elevator falling on him.

The court found the defendant failed to:

• identify unsecured plant as a hazard
• adequately assess the risk that may result
• conduct a risk assessment of the work activity involving the return elevator during the installation process
• decide on and implement appropriate control measures to prevent or minimise the level of risk and to monitor and review the effectiveness of those control measures.

Court result:

The defendant pleaded guilty in the Caboolture Industrial Magistrates Court on 29 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 a conviction recorded.

Industrial Magistrate Mr Paul Johnstone fined the defendant $60 000 and ordered investigation and court costs totalling $2570.08.

In reaching a decision the industrial magistrate acknowledged the defendant failed to meet its obligations as an employer under the Workplace Health and Safety Act 1995, but accepted the defendant's submission that the item of plant was not an obvious hazard as it was only placed at the scene a short time prior to the incident (at the request of the client) and as a result the risk was not totally obvious. Some blameworthiness might be referred to the deceased.

In deciding the penalty imposed Industrial Magistrate Johnstone took into account the defendant had entered an early guilty plea, had shown genuine remorse, was a good corporate citizen, had assisted the investigative agency and had no previous convictions under the Workplace Health and Safety Act 1995.

Considerations for prevention:

When working in the manufacturing industry where there is exposure to risks from unsecured 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 and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing appropriate control measures associated with the risk from unsecured plant, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Obligation holders should ensure that a risk assessment has been completed, documented and evaluated in the area of plant operation. Once evaluated, obligation holders should implement control measures and training programs to ensure all workers are trained and fully aware of the risks and safe working practices of the workplace.

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

• Manufacturing
• Health and safety information for manufacturing
• Plant, machinery and equipment
• Managing risk
• Employer training options
• Training staff
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.