Peter Alexander Francis

Incident description:

On 27 August 2009 a worker was injured when a 'driverless' truck rolled forward and pinned him against a nearby crane.

The court found Mr Peter Alexander Francis held an obligation under s.36 of the Workplace Health and Safety Act 1995, being a worker who willfully placed another person at risk.

The court acknowledged the defendant pleaded guilty to a breach of s.24 of the Workplace Health and Safety Act 1995, for failing to exercise proper control of a vehicle.

The investigation findings presented to the court revealed:

• the defendant exited the truck without applying the handbrake
• the defendant subsequently started the truck while it was in gear and he was standing outside the cabin
• while starting the vehicle in this manner, the truck travelled forward and struck the other worker
• the defendant was not aware that the other worker was positioned in front of the truck at the time he started it

Court result:

The defendant pleaded guilty in the Southport Industrial Magistrates Court on 17 December 2010 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet his workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Mr Ronald G Kilner fined the defendant $5000 and ordered investigation and court costs totalling $1665.70.

In deciding the penalty imposed, Industrial Magistrate Kilner 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. He also took into account the defendant’s financial circumstances, as stated verbally, as well as the defendant’s family circumstances. Industrial Magistrate Kilner considered a fine, rather than a bond, as the incident resulted not because of a momentary lapse by the defendant, but rather a wilful act.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When working in the construction and transport industries where there is exposure to risks from being struck by vehicles and other mobile 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 workers and others being struck by vehicles, obligation holders should ensure that drivers always remain in the cabin and at the controls when operating their vehicle, and applying the handbrake when exiting their vehicle.

All workers, particularly those experienced and trained in the operation and use of vehicles, should ensure the safety systems are used properly. The use of handbrakes, consideration as to vehicles being in gear, and ensuring others are not in proximity, should be applied as everyday principles.

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

• Plant, machinery and equipment
• Building and construction
• Health and safety tips for Construction industry
• Managing risk
• Employer training options
• Training staff
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.