Loenneker Investments Pty Ltd

Incident description:

On 14 October 2009, a 19 year old male sustained fractures to his cheekbone and eye socket while assisting with the installation of an airconditioning unit.

While on a work trial, a young worker under direct instruction of a tradesperson cut into a pressurised pipe causing it to move suddenly, striking his face resulting in grievous bodily harm injuries.

The court found the defendant held obligations under s.28 of the Workplace Health and Safety Act 1995 being a person who conducted a business or undertaking, that is, the installation, maintenance and repair of airconditioning equipment.

The defendant trading as Always Cool Air-Conditioning and Refrigeration was engaged to replace airconditioning units at the Sunshine Coast Private Hospital. The defendant employed an experienced tradesman to carry out the work; the tradesman had an inexperienced worker to assist him. The tradesmen and his assistant were to connect the pressurised pipe to components of the airconditioning system.

The tradesman demonstrated to the inexperienced worker on a previous pipe how to cut it. He then forgot that the next pipe was still pressurised. When the inexperienced worker proceeded to cut the pressurised pipe, the end of the pipe came off with the sudden release of pressure and the pipe struck the worker in the face, fracturing his eye socket and cheek.

Investigation findings presented to the court revealed:

• the tradesman had previously pressurised a pipe that was to connect the condenser to the evaporator to test for leaks and then had depressurised to leave 150 kilopascal (kPa) in to ensure air contaminants could not enter the system
• the defendant had no written procedures to warn of the remaining pressure left in the pipes
• the defandant failed to conduct a risk assessment of the work activity involving connecting the refrigerant pipe to the condenser unit to identify the remaining pressure
• the defendant fully cooperated with the investigation, changed its procedures and trained all staff in those new procedures.

Court result:

The defendant pleaded guilty in the Maroochydore Industrial Magistrates Court on 13 May 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 John Hodgins ordered the defendant pay a penalty of $30 000 as well as Investigation Costs totalling $2500.

In reaching a decision, the industrial magistrate acknowledged the defendant failed to meet its obligations under the Act.

In deciding the penalty imposed, Industrial Magistrate Hodgins 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 manufacturing industry where there is exposure to risks from installing plant, 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 continue to work correctly.

Where there is a need to cut a pipe or other fittings, parts or vessels that are usually kept pressurised, appropriate steps should be taken to ensure depressurising prior to commencement of cutting.

When deciding and implementing control measures associated with the risk of plant, obligation holders should consider the Plant Code of Practice 2005.

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

• Managing risk
• Employer training options
• Training staff
• Safety alert: Airconditioner installation 
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.