Gladstone Sandblasting and Painting Pty Ltd

Incident description:

On 7 September 2009 a 21 year old labourer sustained injuries when struck by a falling object during the loading of a truck trailer.

Gladstone Sandblasting and Painting Pty Ltd conducted a sandblasting and painting business in Gladstone.

The court found the defendant held obligations under s.28(1) of the Workplace health and Safety Act 1995 being a person who conducts a business or undertaking.

The investigation findings presented to the court revealed:

• The injured worker was asked by another employee (a crane operator) to assist in the loading of steel 'I' beams onto a semi trailer flat bed truck.
• The task of loading the steel 'I' beams involved the use of a non-slewing crane operated by another worker. That worker did not hold a current licence for the operation or use of the crane which was required under the Workplace Health and Safety Regulation 2008.
• The injured worker did not hold any rigging or dogging licence, formal training or experience in loading or securing loads on trucks.
• Four or five beams were loaded, with the injured worker standing on the bed of the truck 'dogging' or effectively assisting to guide the beams into position on the truck. Two material lifting slings were being used in conjunction with the crane to position the beams.
• The worker operating the crane was responsible for 'slinging' each beam, using a 'choker' configuration.
• As a beam was placed on the truck, one of the slings became caught between the beam and the timber dunnage underneath. The injured worker removed one sling from the crane and beam. He then put one eye of the 'caught' sling on the hook and gave a hand signal to raise the crane.
• The beam started to roll on the timber dunnage. The injured worker stuck out a hand to attempt to prevent it from rolling off the dunnage. His left hand was crushed between the beam and the dunnage.

Court result:

The defendant pleaded guilty in the Gladstone Industrial Magistrates Court on 10 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 Damien Carroll fined the defendant $60 000 and ordered investigation and court costs totalling $1465.40.

In reaching a decision the industrial magistrate acknowledged the defendant failed to put in place proper procedures to prevent the incident from occurring.

In deciding the penalty imposed Industrial Magistrate Carroll took into account the defendant had been previously convicted for a very similar offence five years before the current offence, cooperated with the investigation and entered a very early plea of guilty.

Considerations for prevention:

When working in the manufacturing industry where there is exposure to risks from moving loads and loading vehicles, 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 moving loads, obligation holders should ensure that appropriately trained and qualified workers are engaged to perform loading and unloading tasks. Obligation holders should ensure that workers who operate plant hold the appropriate licence and should keep a register as a record of the licences held by workers.

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

• Manufacturing
• Health and safety information for manufacturing
• Safe operation of mobile cranes
• Guidelines for working around trucks – Loading and unloading 
• Operator licences 
• A guide for doggers 
• Managing risk
• Employer training options
• Training staff
• Mobile Crane Code of Practice 2006
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.