Jahpak Pty Ltd

Incident description:

On 7 November 2009 workers were transported around a cattle feedlot unrestrained on a feedlot trailer.

The court acknowledged Jahpak Pty Ltd employed the workers and had control of the feedlot trailer, although the trailer was owned by another company.

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

Investigation findings presented to the court alleged workers were exposed to risk of injury while riding unrestrained on a feedlot trailer, and, all of the roads on the cattle feedlot were unsealed.

The investigation findings presented to the court revealed a failure to undertake risk management to control the risk of workers falling from the moving feedlot trailer.

Court result:

The defendant pleaded guilty in the Mareeba Industrial Magistrates Court on 16 December 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 Thomas Braes ordered the defendant pay a penalty of $17 000 as well as investigation costs of $3000.

In reaching a decision the industrial magistrate acknowledged the defendant failed to undertake a risk management analysis of the hazards to workers when travelling on a moving feedlot trailer.

In deciding the penalty imposed, Industrial Magistrate Braes took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation, entered an early plea of guilty and was coerced into acting as the obligation holder by the owner of the trailer.

Considerations for prevention:

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

When working in the rural industry where there is exposure to risks from moving 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 on 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 moving plant, obligation holders should prevent workers from riding unrestrained on moving plant.

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

• Rural industry information
• Managing risk
• Employer training options
• Training staff
• Rural Plant Code of Practice 2004 
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.