Matton Developments Pty Ltd

Incident description:

On 1 February 2009 a 30 year old worker sustained injuries when a crane jib collapsed during the lifting of a concrete tilt panel. The worker was struck by a cable that had been attached to the jib. Eight other workers on site narrowly missed being struck when the crane collapsed.

On 14 September 2010 the court accepted Matton Developments Pty Ltd's guilty plea to a breach of the obligations it held under the Workplace Health and Safety Act 1995.

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

Investigation findings presented to the court revealed:

• There were a number of entities on site who were involved with the work being undertaken.
• Mr Paul Clement Tapper, the Principal Contractor, contracted a panel company to prepare and join tilt-up concrete panels. The company required a crane and hired a Liebherr LTR 100 tonne capacity crawler crane and crane operator from the defendant. The defendant provided the crane, which was operated by Mr James Hitaua.
• Prior to the incident the panel company attended the site on several occasions and had conversations with Mr Tapper and his representatives regarding planning and lifting of the tilt panels. The panel company's director also had meetings on site with a director of the defendant.
• On the day of the incident, one of the panel company's workers received injuries when he was hit by a cable of the crane jib when it failed while a concrete tilt-up panel was being lifted.
• Two props were left off the tilt panel being lifted to allow access for the Liebherr LTR crawler crane whilst lifting the panel.
• The panel being lifted required five props to be placed, as designed by a tilt-lift engineer (only three were used).
• A geotechnical engineer was not engaged to ascertain ground bearing pressures for areas to be accessed by the crane. 
• Whilst lifting the panel the crawler crane was operating outside its capacity.
• The crane was crawling up onto a concrete rubble ramp whilst lifting the panel, when the jib failed. By crawling the crane onto the unstable ramp, the crane was operated outside the maximum allowable slope indicated by the manufacturer.

Court result:

Industrial Magistrate Mr Haydn Stjernqvist fined the defendant $33 300 and ordered professional, investigation and court costs totalling $1760.90. He ordered no conviction be recorded.

In reaching a decision the industrial magistrate acknowledged the defendant failed to take steps to manage the foreseeable risk of the crane becoming unstable and toppling over and failed to obtain a geotechnical report before undertaking the work. The magistrate also noted that this was a serious offence and that it was fortunate that only one of nine people placed at risk was injured.

In deciding penalty, Industrial Magistrate Stjernqvist took into account the defendant had not been prosecuted previously for any workplace health and safety breach, and had cooperated with the investigation.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from collapsing tilt-up panels and cranes, 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 operating a crane and lifting tilt-up concrete panels, obligation holders should ensure that cranes are only operated within their safe lifting capacity and also where applicable, that engineering and geotechnical specifications are sourced and strictly followed.

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

• Building and construction
• Health and safety information for construction
• Managing risk
• Employer training options
• Training staff
• Tilt-up and Pre-cast Construction Code of Practice 2003
• Lifting inserts for tilt-up and pre-cast concrete construction
• Mobile Crane Code of Practice 2006 
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.