Car-O-Liner Australia Pty Ltd

Incident description:

On 16 February 2010 a 42 year old male sustained fatal injuries when a bench rack vehicle hoist frame collapsed on him.

Car-O-Liner Australia Pty Ltd operated as a distributor of collision repair plant and equipment to the vehicle collision repair industry.

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

The investigation findings presented to the court revealed:

• the manufacturer's letter to Car-O-Liner Australia Pty Ltd stated why the scissors on a vehicle hoist required replacement and provided information explaining the procedure to follow. The procedure was not followed by the deceased or by the service technician
• the manufacturer's procedure specified that three pillar jacks, placed through a bracket fixed to the bench rack frame were required to prop the frame. Contrary to the work procedure developed by the manufacturer, the deceased and the service technician used two pillar jacks and a porta-pack hydraulic jack
• the defendant did not ensure, either by way of instruction, training or supervision, that workers followed the procedure as outlined by the manufacturer
• it appeared the jacks used were not restrained or clamped to prevent lateral movement
• the defendant failed in its obligation to ensure that a safe system was in place to control the risks when replacing the scissors.

Court result:

The defendant pleaded guilty in the Southport Industrial Magistrates Court on 12 August 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 George Wilkie ordered the defendant pay a penalty of $90 000 as well as investigation, professional and court costs totalling $3223.70.

In reaching a decision the industrial magistrate acknowledged the defendant failed to implement adequate control measures to manage the risk of replacing scissors on a bench rack vehicle hoist.

In deciding the penalty imposed, Industrial Magistrate Wilkie took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches, 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 automotive repair and maintenance industry where there is exposure to risks from unstable or moving plant, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

If specific instructions are provided by the manufacturer or supplier on the use or maintenance of plant, employers and obligation holders should ensure all workers and any others dealing with the plant understand and follow those instructions.

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
• 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 moving or unstable plant, obligation holders should consider adequate supervision of the work undertaken and ensure that plant is properly supported while repairs are being carried out.

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

• Managing risk
• Employer training options
• Training staff
• Fact sheets for the automotive service and repair industry 
• Retail and wholesale 
• Health and safety information for automotive and smash repairer 
• Plant, machinery and equipment
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.