Western Downs Regional Council

Incident description:

On 29 April 2009, a 57 year old male worker sustained injuries when the distillate fuel tank he was pressure testing following repair work, ruptured. The ruptured end of the tank struck the worker, throwing him several metres. He sustained fractures to his right elbow, fractures to two ribs, de-gloving injury to his right thigh, right sided temporal wound to his head, and abrasions and bruising to his abdomen and scrotum.

The court acknowledged Western Downs Regional Council 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 being a person conducting a business or undertaking.

The incident occurred while the worker was pressure testing a distillate fuel tank. He completed weld repairs and was testing them by applying air pressure to the tank, with the pressure monitored via a gauge. While air was being applied to the tank, it ruptured. 

The investigation findings presented to the court revealed the defendant did not:

• undertake risk management in relation to the plant
• consider the issues relating to the repair of plant - particularly in relation to manufacturer’s instructions and relevant standards
• provide appropriate information to ensure the safe use of plant.

Court result:

The defendant pleaded guilty in the Dalby Industrial Magistrates Court on 27 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 Michael Quinn fined the defendant $8000 and ordered investigation and court costs totalling $2071.

In deciding the penalty imposed, Industrial Magistrate Quinn 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 may be additional to material before the court.)

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
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding and implementing control measures associated with the risk of injury when pressure testing fuel tanks, obligation holders should ensure safe systems of work are implemented and information, instruction, training and supervision are provided to ensure health and safety.

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

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