Auzland Industries Pty Ltd

Incident description:

On 31 October 2009 a 49 year old worker sustained injuries while attempting to clear a blockage from an airless paint sprayer.

The court acknowledged Auzland Industries Pty Ltd employed the injured worker as a painter to spray paint the inside of two relocatable residences (also known as dongers).

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 when a worker was painting the inside of a donger using an airless paint sprayer powered by a portable generator, when the unit lost pressure. The worker attempted to clear any blockage by turning the prime/pressure relief valve (PR valve) to the open position and then back to the closed position. This process directed paint under high pressure through the priming pump, causing the priming hose to be blown off its connection. The paint, under high pressure, was ejected from this connection point. As a 'knee-jerk' reaction, the worker put his hand in front of the spray of paint resulting in a penetration injury to the palm of his left hand that required nine hand operations, including plastic surgery, to finally close the wound.

The investigation findings presented to the court revealed:

• the injured worker was not wearing gloves or eye protection at the time of the incident
• the injured worker had not seen the manufacturer's manual, including the specific pressure relief procedure
• a sub-contractor completed the work after the incident without wearing gloves or eye protection
• the defendant assumed the injured worker knew how to use the airless spray unit and had not provided any specific training as to the risks of spray painting or high pressure spray
• the defendant's safe work method did not refer operators to the manufacturer's safety instructions for the use of the pressure relief procedure when addressing blockages or pressure problems.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 3 February 2011 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 Graham Lee fined the defendant $37 500 and ordered investigation and court costs totalling $2753.80.

In reaching a decision, the industrial magistrate acknowledged the defendant identified the hazard and risk but failed to follow the manufacturer's pressure relief procedure when addressing pressure problems or blockages.

In deciding the penalty imposed, Industrial Magistrate Lee 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 painting industry where there is exposure to risks from liquid paint under pressure, 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 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 continue to work correctly.

When deciding on and implementing control measures associated with the risk of penetration/injection injuries, obligation holders should follow the manufacturer's safe operating procedure to depressurise the spray unit before attempting clearance procedures and ensure workers wear relevant personal protective equipment such as eye and hand protection.

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

• Managing risk
• Employer training options
• Training staff
• Spray painting
• Spray painting guide for employers and operators
• Personal protective equipment
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.