John Trevor Murree

Incident description:

On 10 November 2009 a 51 year old truck driver sustained injuries when he fell from a defective loader.

The court acknowledged the worker was injured when the loader he was driving down a hill uncontrollably increased speed, forcing him to jump from it to avoid colliding with trees. The worker was moving the loader from one 'log dump' to another to load saw logs onto a truck.

The court found John Trevor Murree held obligations under s.28(1) of the Workplace Health and Safety Act 1995 to ensure workers were not exposed to risks to their health and safety arising out of the conduct of his business or undertaking.

The investigation findings presented to the court alleged the defendant failed to properly maintain the loader, and provide and maintain safe plant.

The investigation findings presented to the court revealed:

• the loader did not have a functioning standard, or emergency, braking system
• the loader was purchased approximately twelve months prior to the incident and the defendant knew the brakes were not working at the time of purchase
• the worker held a prescribed occupation certificate to use the loader
• as part of his normal duties the worker was moving the loader from one part of the workplace to another through a gully so that the task of loading a truck could occur
• the loader started to increase speed, and the worker unsuccessfully attempted to slow the loader down by applying the brakes and shifting the loader into first gear, then into reverse
• the worker jumped off the left side of the loader as it was heading towards a section of trees, believing he risked being killed if he remained on it.

Court result:

The defendant pleaded guilty in the Maryborough Industrial Magistrates Court on 22 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 John Smith ordered the defendant pay a penalty of $4500 as well as investigation and court costs totalling $1125.60.

In reaching a decision the industrial magistrate acknowledged the defendant failed to take remedial steps to prevent the incident.

In deciding the penalty imposed Industrial Magistrate Smith 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. Industrial Magistrate Smith took into account the personal circumstances of the defendant.

Considerations for prevention:

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

When working in the transport and primary industries where there is exposure to risks from large 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 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 and implementing control measures associated with the risk of moving plant, obligation holders should ensure that all plant is properly maintained in accordance with manufacturers' specifications and in particular to ensure that all moving plant has properly functioning braking systems.

Handbrakes and other devices are vital both in terms of security of plant (thereby minimising the expense of repairs) and security of people. Ensuring these components of plant are in working order should be ordinary parts of maintenance and reporting systems.

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.