Downer EDI Works Pty Ltd

Incident description:

On 17 August 2009 a 26 year old male worker sustained injuries after being run over by a grader.

The court acknowledged Downer EDI Works Pty Ltd held obligations under s.28 (1) of the Workplace Health and Safety Act 1995 as a relevant person conducting a business or undertaking.

The investigation findings presented to the court alleged the defendant failed to ensure consultation between a grader driver and workers took place.

The investigation revealed:

• the grader had an audible alarm and flashing light operating, and the grader was being operated at a reasonable, slow pace
• the worker had seen the grader at some distance, but continued to work
• the worker was run over by the grader and sustained crush injuries to his abdomen and pelvic area.

Court result:

The defendant pleaded guilty in the Cairns Industrial Magistrates Court on 13 August 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 Joe Pinder fined the defendant $40 000 as well as ordering costs totalling $4500.13.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to ensure that all workers had completed an on-line induction prior to commencing work on the site.

In deciding the penalty imposed Industrial Magistrate Pinder 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:

When working in the civil construction industry where there is exposure to risks from workers working near or around mobile 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 and implementing control measures associated with the risk of working near mobile plant, obligation holders should consider that all workers are made aware of the risks and control measures required that are associated with this type of work.

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

• Building and construction industry
• Health and safety information for construction
• Earthmoving equipment and particular crane operation
• Managing risk
• Employer training options
• Training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.