Sharie Tyre Services Pty Ltd

Incident description:

On 2 July 2008 a 25 year old worker sustained fatal injuries when a prime mover he was lowering on a jack rolled over him.

The court acknowledged Sharie Tyre Services Pty Ltd employed the worker as a tyre fitter.

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.

Investigation findings revealed the defendant contracted with the owner of the workplace (a tyre company) to fit its tyres to vehicles. On 2 July 2008, the defendant was tasked to change tyres on a prime mover. The prime mover was parked with its front wheels on part of a sloping driveway, the rear wheels on a level portion of the driveway. Timber chocks were used to stop the vehicle rolling forward. The defendant's supervisor sought to carry out the work on a flat surface, but was told by the owner's representative this could not be accommodated due to other work taking place at the premises.

During the task, the worker climbed under the vehicle to lower it and remove a jack. The brakes had been left off to fit 'spider wheels' to the truck. When the vehicle was lowered it rolled forward over the chocks and down the driveway, crushing the worker.

The investigation identified higher order engineering controls were available, including vehicle hoists and formed chocks designed to prevent wheels from rolling forward. The defendant failed to adopt the higher order controls and failed to adequately supervise the work. The defendant ceased operating from this workplace after the incident and took remedial steps to develop safe systems of work.

Court result:

The defendant pleaded guilty in the Holland Park Industrial Magistrates Court on 21 September 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 Russell Warfield fined the defendant $90 000 and ordered costs totalling $2995.45.

In deciding the penalty, Industrial Magistrate Warfield 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. He acknowledged the defendant's submissions to the effect that the business arrangements between the defendant and the owner of the premises were not ideal. He stated that it was obvious that the director of the defendant company was remorseful.

Industrial Magistrate Warfield found the wooden chocks were not suitable in the circumstances and noted the alternative controls available. He noted the seriousness of the offence and observed that the work could have been suspended and the worker instructed not to climb under the vehicle. He stated that a penalty of $90 000 was appropriate and should act as a general deterrent to others.

Considerations for prevention:

When working in the tyre fitting and repairs industry where there is exposure to risks from plant, heavy machinery and equipment, 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 plant and heavy machinery and equipment, obligation holders should consider:

• the 'Hierarchy of controls' and utilising the highest level of controls as are practicable
• using appropriate systems such as vehicle hoists and formed chocks to restrict and prevent movement of vehicles during tyre fitting work activities
• planning and conducting tyre fitting activities whilst the vehicle is located on a flat surface, with little or no gradient.

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

• Retail and wholesale
• Health and safety information for retail and wholesale
• Managing risk
• Employer training options
• Training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.