Pile-it Pty Ltd

Incident description:

On 7 August 2008, a 23 year old worker sustained serious injuries, including a fractured left forearm as a result of being struck by a rotating winch handle.

The court acknowledged the defendant operated a small construction company, specialising in building jetties, moorings and decks, and was an employer under the meaning of the Workplace Health and Safety Act 1995.

The court found the defendant held obligations under s.24(1) and 28(1) of the Workplace Health and Safety Act 1995 being a 'host employer' for an apprentice carpenter.

The investigation findings presented to the court, alleged the defendant failed to manage the following hazards:

• a rotating winch handle
• the system of work for the use of plant, namely a winch and cable to right a barge.

The defendant had identified the hazard associated with the task that was performed by the worker injured in the incident, however the defendant had not conducted any documented risk assessment and had only implemented administrative controls (verbal instruction) to manage the risk.

Court result:

The defendant pleaded guilty in the Noosa Industrial Magistrates Court on 11 March 2010 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

Industrial Magistrate Ms Bernadette Callaghan fined the defendant $30 000 as well as ordering investigation and costs of court totaling $1227.54.

In reaching a decision, the Industrial Magistrate acknowledged the defendant failed to adequately instruct and supervise the apprentice worker and that the hazard was obvious.

In deciding the penalty imposed, Industrial Magistrate Callaghan took into account the defendant had not been prosecuted previously for any workplace health and safety breaches, cooperated with the investigation and entered an early plea of guilty. The defendant was sentenced with no conviction recorded.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from plant with exposed rotating parts, 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 risks from plant with exposed rotating parts, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers. Obligation holders should ensure that a risk assessment has been completed, documented and evaluated in the area of plant operation. Once evaluated, obligation holders should consider implementing control measures to ensure that safety of their workers and ensure the implementation of a training program to ensure all workers are trained and fully aware of the risks and safe working practices.

Control measure that may be considered when working with or near plant with exposed rotating parts:

• installing guards that comply with manufacturer’s recommendations
• restricting access to the exposed area
• enforcing the use of personal protective equipment when operating plant
• scheduling periodic checks and maintenance of plant
• implementing a system of work to identify plant that is unserviceable
• ensuring only plant that is serviceable is used
• installing safety stop/latches to restrict or stop the movement of plant in an emergency
• implementing an emergency action plan to ensure emergencies are dealt with efficiently and effectively.

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

• health and safety information for construction
• Modifying plant, machinery or equipment
• managing risk 
• employer training options
• training staff
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.