Probuild Civil (Qld) Pty Ltd

Incident description:

On 16 October 2008, a worker was exposed to the risk of falls from heights and the risk of falling objects when he entered the confined space of the casing of a bridge piling. The worker fell between 300 millimetres and one metre and was then struck by chains. 

The court found Probuild Civil (Qld) Pty Ltd held obligations under s.28(1) of the Workplace Health and Safety Act 1995 to ensure workers were not exposed to the risks of injury from falls from heights or being hit by falling objects.

The investigation findings presented to the court revealed:

• the worker was accessing a piling to retrieve an auger bit during excavation of a bridge piling
• the piling was approximately 19 metres deep
• the worker secured the auger bit to chains attached to a crane
• an attempt was made via crane to lift the worker and auger bit while both were attached to the chains
• the chains failed and the worker fell a short distance
• the chains fell on the worker.

The worker was fortunate he sustained only very minor injuries. The matter was prosecuted as 'risk based'.

Court result:

The defendant pleaded guilty in the Mackay Industrial Magistrates Court on 15 October 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 Damien Dwyer fined the defendant $20 000 as well as ordering investigation and court costs totalling $1065.40.

In reaching a decision, the Industrial Magistrate acknowledged the defendant failed to identify an inherent danger in a confined space.

In deciding the penalty imposed, Industrial Magistrate Dwyer 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. He also took into account the defendant was a well run company that carried out work at a district and state level, and that it had put in place post incident controls.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from falls from heights and falling objects, 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
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing appropriate control measures associated with the risk of falls from heights and falling objects, obligation holders should assess the equipment, its location, setting up and intended use to ensure that risks to health and safety are minimised or removed prior to operation. Obligation holders should determine the appropriate crane or equipment adequate for the job according to the suitability of the equipment to lift such a load.

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

• Building and construction
• Equipment
• A guide for doggers
• Employer training options
• Training staff 
• Tower Crane Code of Practice 2006
• Mobile Crane Code of Practice 2006
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.