Mount Isa Mines Limited

Incident description:

On 17 March 2008, a 62 year old male worker sustained injuries when a ladder slipped from under him and he fell to the concrete floor.

The court acknowledged Mount Isa Mines Ltd had control of the ladder and employed the injured worker as a caretaker.

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.

The injured worker was replacing broken louvres in a remote pumping station, using an extension ladder. The ladder slipped on the concrete surface and the worker fell 2.5 metres to the floor.

The investigation findings presented to the court revealed:

• the ladder did not have the rubber feet to prevent slipping
• there was no pre-start inspection
• the ladder was not tied off
• there was not a second person to hold the ladder in place.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 9 July 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 Graham Lee fined the defendant $30 000 as well as ordering investigation, professional and court costs totalling $4577.40.

In reaching a decision the industrial magistrate acknowledged the defendant failed to observe its obligations under the Workplace Health and Safety Act 1995 in that the injured worker was exposed to risk.

In deciding the penalty imposed Industrial Magistrate Lee 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:

When working in an industry where there is exposure to risks from ladders, 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 appropriate control measures associated with the use of ladders, obligation holders should ensure:

• such tasks are supervised or undertaken by suitably qualified and experienced workers
• a risk assessment of the task has been completed, documented and evaluated.

Control measures that may be considered include:

• completing a pre-start inspection
• tying off ladders
• ensuring another person is available to hold the ladder in position.

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

• Ladders, trestles and scaffolding
• Managing risk
• Employer training options
• Training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.