Tranzblast Coating Services Pty Ltd

Incident description:

On 9 June 2009, a 44 year old male worker (a section 457 visa holder)sustained serious head injuries while removing the split rim of a Warman mobile crane wheel to assess brake components.

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

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

The worker was performing the task of removing the entire left-hand side wheel from a Warman eight tonne crane. The worker inadvertently removed nuts holding the split rim assembly together. This caused the split rim to crack, expelling the tyre forcefully from the hub due to pressure contained in the tyre.

The investigation findings presented to the court revealed:

• a failure to undertake a proper risk assessment process for performing the task of removal of the split rim wheel assemblies (two piece rim)
• a failure to provide information and/or instruction in performing the task of working with split rim wheel assemblies.

Court result:

The defendant pleaded guilty in the Ipswich Industrial Magistrates Court on 12 July 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 Guy Warfield fined the defendant $45 000 as well as ordering costs totalling $3156.74.

In reaching a decision the industrial magistrate acknowledged the defendant failed to observe its obligations as outlined in the investigation findings presented to the court.

In deciding the penalty imposed, Industrial Magistrate Warfield took into account that:

• the defendant cooperated with the investigation
• the defendant entered an early plea of guilty
• the defendant was a good corporate citizen and had undertaken post-incident measures
• the worker was highly experienced and qualified although not experienced in this task
• although the defendant had a conviction for a previous breach of s.24 of the Workplace Health and Safety Act 1995, different circumstances applied.

Considerations for prevention:

When working in the manufacturing industry where there is exposure to risks from carrying out plant maintenance, 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 appropriate control measures associated with risk of injury when working with split rims, 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
• air is deflated from tyres prior to working on split rim wheel assemblies.

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

• Single-piece and multi-piece rim wheels
• Managing risk
• Employer training options
• Training staff
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.