Technet Systems Pty Ltd

Incident description:

On 21 January 2009 a 71 year old member of the public sustained injuries when he drove his mobility scooter into an open and unprotected pit, in which construction work was being performed.

The court acknowledged Technet Systems Pty Ltd was conducting an undertaking installing closed-circuit television (CCTV) and electronic cable works at railway stations, including Oxley Railway Station. It carried out this work through its subcontractor.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person who, in conducting a business or undertaking, owed an obligation to others (members of the public).

Investigation findings presented to the court revealed:

• the defendant had contracted to install electronic cabling for an upgrade of facilities on Queensland Rail's suburban network
• the defendant undertook the work through its subcontractors
• the subcontractors were required to work to the defendant's work method statement, which included placing witches hats around an open penetration
• post incident, the area of open penetrations were controlled through placement of plastic bollards, safety netting and signage.

Court result:

The defendant pleaded not guilty in the Brisbane Industrial Magistrates Court to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

The matter went to trial on 20 and 21 September 2010 resulting in the defendant being found guilty of breaching s.24(1) of the Workplace Health and Safety Act 1995 with no conviction recorded.

Industrial Magistrate Mr Christopher Callaghan fined the defendant $35 000 and ordered professional and investigation costs totalling $4125.30.

In reaching a decision the industrial magistrate acknowledged the defendant failed to ensure adequate controls were in place around the cable pit to ensure risk to members of the public using the platform were controlled.

In deciding the penalty imposed Industrial Magistrate Callaghan took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches and, cooperated with the investigation.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from open penetrations, 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 workers and others falling down through open and unprotected penetrations, obligation holders should consider the use of effective physical barriers which prevent physical access to these openings.

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

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