Galib (Gary) Sprecak

Incident description:

On 1 February 2009 a 30 year old male worker sustained injuries when he was struck by a cable from a collapsing crane and tilt-up panel.

The court found the defendant held obligations under s.167 of the Workplace Health and Safety Act 1995 being an executive officer of a corporation that owed obligations under the Act.

The investigation findings presented to the court alleged a number of obligation holders and workers were on site at the time of the incident. Workers were engaged in lifting large (approximately 38-40 tonne) concrete panels into place and then propping these panels into a vertical position. A crane had been brought to site to lift the panels and an operator had also been engaged. During the lifting of one panel the crane boom failed and the panel and crane boom equipment fell to the ground. Workers ran to avoid injury and several cars were comprehensively damaged. One worker suffered a bodily harm injury (fracture to his shoulder) when struck by a whipping crane cable.

Investigation findings presented to the court revealed:

• The lifting plan, which was the responsibility of this defendant (through its corporate entity G & M Panel Constructions Pty Ltd), was not followed.
• The crane operator disregarded concerns raised by this defendant during the lifting task. The concerns raised related to a rubble ramp the crane operator had formed in the vicinity of the panel to be lifted and on which the crane was to be driven.
• This defendant did not stop the lifting work (an option that was within his authority).
• A technical report by Workplace Health and Safety Queensland found that the ramp was a significant cause of the incident by way of causing overloading of the crane boom arm.

Court result:

The defendant pleaded guilty in the Richlands Industrial Magistrates Court on 10 November 2010 to breaching s.167 of the Workplace Health and Safety Act 1995, having failed to meet his workplace health and safety obligations. The defendant was sentenced with no conviction recorded.

Industrial magistrate Mr Errol Wessling fined the defendant $3500. No investigation costs were ordered against this defendant (an executive officer) as these had already been ordered against the defendant company.

In reaching a decision the industrial magistrate acknowledged that the defendant failed to stop the lifting of the panels, and that a number of other obligation holders had been charged also as a result of this incident.

In deciding the penalty imposed, industrial magistrate Wessling took into account that the defendant had not been prosecuted previously for any workplace health and safety breach, co-operated with the investigation and entered an early plea of guilty.

Considerations for prevention:

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

When working in the construction industry where there is exposure to risks from falling concrete tilt-up panels, obligation holders should apply a risk management approach to ensure suitable control measures are selected.

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 risk of erecting tilt-up panels, obligation holders should ensure that:

• 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:

• strictly adhering to the engineer's specifications for how the panels should be safely erected
• ensuring the crane has adequate capacity (if tilt-up, add lean distance to radius)
• completing a lift plan, ncluding a site plan and specific lifting locations
• checking the ground condition and slope (no more than one degree for 'pick-and-carry' cranes; cranes on outriggers should have adequate packing under pads; no lifting over penetrations or covered pits)
• ensuring the crane safety features are operational (i.e. load indicator, anti two-block, boom angle indicator, hook safety catch)
• ensuring the crane maintenance logbook is complete and up to date.

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

• Managing risk
• Employer training options
• Training staff
• Lifting inserts for tilt-up and pre-cast concrete construction
• Tilt-up and Pre-cast Construction Industry Code of Practice 2003
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.