Ergon Energy Corporation Limited
Incident description:
On 26 November 2009 a 42 year old electrical linesman sustained injuries to his right arm when a timber cable drum being lifted by a truck-mounted crane fell and struck him.
The court acknowledged Ergon Energy Corporation Limited failed in its obligation to ensure workers were free from risks associated with plant.
The court found the defendant held obligations under s.28 of the Workplace Health and Safety Act 1995 being an employer.
The investigation findings presented to the court alleged the incident was caused by:
- the deterioration of the flange of the cable drum due to being stored in the open and not in accordance with the manufacturer's instructions
- the method used to lift the drum through the spindle hole placed additional pressure on the flange
- the worker was located in an exclusion zone.
Court result:
The defendant pleaded guilty in the Cairns Industrial Magistrates Court on 3 November 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 Trevor Black fined the defendant $60 000 as well as ordering investigation costs totalling $7509.
In reaching a decision the industrial magistrate acknowledged the defendant failed to ensure that the timber drum was fit to be lifted using the selected method.
In deciding the penalty imposed, Industrial Magistrate Black 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 community services (electrical supply) industry where there is exposure to risks from lifting 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 injury caused by lifting techniques used to move plant, obligation holders should consider the condition of the plant, the loads and forces placed on the plant when lifted, the manufacturer's instructions for maintaining the plant's integrity and the recommended techniques required for lifting.
Visit the Workplace Health and Safety Queensland website for more information on:|
Industry:
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Health and community services
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ANZSIC code:
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3610 |
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Defendant:
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Ergon Energy Corporation Limited
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Defendant ACN:
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087 646 062
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Date of offence:
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26 November 2009
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Location of offence:
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Gordonvale
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Injury:
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Fractured right arm
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Circumstance of aggravation:
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Grievous Bodily Harm
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Court:
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Cairns Central Industrial Magistrates Court
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Magistrate:
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Mr Trevor Black
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Legislation:
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s.28 Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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3 November 2010
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Penalty:
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$60 000
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Maximum fine available:
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$500 000
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Investigation costs:
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$7509
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Professional and legal costs:
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$750
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Court costs:
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$65.40
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In default period to pay:
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No period defined to pay, in default levy and distress
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Conviction recorded:
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No
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CIS event no.:
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102956
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