Tranzblast Coating Services Pty Ltd

Incident description:

On 14 August 2008 a 35 year old worker sustained crush injuries after a 400 kilogram beam fell onto his legs from a forklift operated by another worker.

The court acknowledged Tranzblast Coating Services Pty Ltd was the employer of the injured worker and owned the forklift.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person in control of a business or undertaking.

The incident occurred when a load of steel beams was transported by forklift from one area of the workplace to another. When the forklift stopped, one of the beams on the outer side of the forklift tynes fell onto the worker. The beam, weighing approximately 400 kilograms, fell onto his legs, crushing them.

The investigation findings presented to the court revealed:

• the defendant did not undertake an adequate risk assessment to rectify and control the risk of falling objects when moving beams
• the defendant did not provide adequate information or instruction regarding working in and around moving plant
• there was no enforced exclusion zone in the area where the forklift was operating.

Court result:

The defendant pleaded guilty in the Ipswich Industrial Magistrates Court on the 30 November 2009 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 Ms Donna McCallum ordered the defendant pay a penalty of $30 000 as well as investigation, professional and court costs totalling $4487.10.

In reaching a decision the industrial magistrate acknowledged the defendant failed to implement a system of work for transporting steel beams by powered mobile plant.

In deciding the penalty imposed Industrial Magistrate McCallum 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.

Considerations for prevention:

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

When working in the manufacturing industry where there is exposure to risks from falling objects, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves:

• identifying the hazards
• evaluating the consequences and likelihood of harm that may result from the hazard
• deciding 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 transporting or moving objects or plant within a workplace, particularly things of significant weight, risk assessments should be specific to the task. If objects, plant or materials may be subject to instability, control measures, including instructions or training, must be understood by workers, and enforced across the workplace.

Control measures for obligation holders to consider include:

• providing and maintaining a safe and healthy work environment
• providing and maintaining safe plant
• ensuring safe systems of work
• providing of information, instruction, training and supervision.

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

• Forklift trucks
• Protection from falling objects
• Managing risk
• Employer training options
• Training staff
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.