Transfield Services (Australia) Pty Ltd

Incident description:

On 11 November 2005, a 46 year old worker sustained injuries to his face after being struck by a dislodged crank handle.

The court acknowledged Transfield Services (Australia) Pty Ltd conducted a business that included operation of manually operated rail drawbridge allowing passage of sugar trains over a QR branch line.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 to ensure workers or others are not exposed to risks.

Investigation findings presented to the court revealed the worker was injured when, it was suspected, a crank handle came off the shaft of a winch.

The worker sustained a fractured right eye socket and consequent double vision. He required a surgical insertion of plates within his cheek.

The prosecution alleged the defendant did not identify the hazard of a crank handle being able to come away from the shaft to which it was attached.

Court result:

The defendant pleaded not guilty in the Mackay Industrial Magistrates Court on 12 July 2007 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 12 and 13 July 2007, 9 November 2007, and 17 and 18 March 2008 resulting in the defendant being found guilty, with no conviction recorded.

Industrial Magistrate, Mr Ross Risson fined the defendant $32 500 as well as disbursements and costs totalling $12 997.87.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to identify the hazard of the crank handle coming away from the shaft. His Honour accepted the defendant had safety systems in place, and the offence was of relatively low objective gravity.

In deciding on the penalty imposed, Industrial Magistrate Risson took into account the defendant had previously been prosecuted for another workplace health and safety breach but had cooperated with the investigation.

Considerations for prevention:

When working in the manufacturing industry where there is exposure to risks from moving 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
• 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 being struck by moving parts of plant and equipment, obligation holders should consider implementing higher order control measures to prevent injury.

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

• Manufacturing
• Guide to machinery and equipment safety
• Guide to safeguarding common machinery and plant
• Managing risk
• Employer training options
• Training staff
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995