Elrose Enterprises Pty Ltd

Incident description:

On 3 October 2008, while mustering, a 19 year old ringer sustained fatal injuries when the quad bike he was operating went through a barbed wire fence.

The court acknowledged Elrose Enterprises Pty Ltd failed in its' obligation to ensure appropriate helmets were worn by the operators of its quad bikes.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being an employer.

Workers (including the deceased) were required to operate quad bikes owned and supplied by the defendant as part of their role as a ringer, but the wearing of helmets was never enforced.

The investigation findings presented to the court alleged the defendant provided conflicting information and restrictions about the operation of quad bikes and the use of personal protective equipment (PPE). Use of quad bikes to undertake mustering work posed an increased risk of head injury, particularly the hazards associated with the terrain involved.

Court result:

The defendant pleaded guilty in the Cairns Industrial Magistrates Court on 6 April 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.

Industrial Magistrate Mr Joe Pinder fined the defendant $60 000 as well as ordering investigation and court costs totaling $5705.03.

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, co-operated with the investigation and entered an early plea of guilty when ordering no conviction be recorded.

Considerations for prevention:

When working in the rural industry where there is exposure to risks from operating quad bikes without wearing an appropriate helmet, 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 control measures associated with the risk of head injuries, obligation holders should consider a number of factors including, the intended use/purpose of such plant, the terrain in which it is used and the vehicles potential power.

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

• health and safety information for rural 
• rural industry 
• quad bikes 
• quad bike training 
• quad bikes in the workplace 
• personal protective equipement 
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.