Minpro Mining and Engineering Pty Ltd

Incident description:

On 7 June 2010, a 55 year old male sustained injuries to his head when hit by a crimp press. The worker was using a modified crimp press to place fittings on a hydraulic hose. The crimp press unit dislodged with force, part of it striking the injured worker in the face and fracturing his skull.

Minpro Mining and Engineering Pty Ltd employed the injured worker as a storeman.

The defendant held obligations under s.28 of the Workplace Health and Safety Act 1995 being an employer.

The investigation findings presented to the court revealed:

• the crimp press had been modified by persons unknown
• the crimp unit over pressurised because the modification included a hydraulic pump delivering 250 per cent more pressure than the manufacturer’s specifications.

Court result:

The defendant did not appear in the Mareeba Industrial Magistrates Court on 24 November 2011 and was found guilty of breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations. The defendant was sentenced with no conviction recorded.

Industrial Magistrate Mr Thomas Braes fined the defendant $40 000 as well as ordering costs totalling $8591.41.

In reaching a decision the industrial magistrate acknowledged the defendant did not ensure the crimp unit satisfied the manufacturer's specifications.

In deciding penalty Industrial Magistrate Braes found that in the absence of the defendant, it was difficult to apply the ordinary principles associated with mitigation such as early plea and remorse. However, he was concerned with imposing a large penalty on a small business.

Considerations for prevention:

When deciding on and implementing control measures associated with the risk of death or grievous bodily harm, obligation holders should consider the control measures when modifying plant and follow manufacturer's specifications.

Any plant or equipment operated through pressure, hydraulic or otherwise, should be used strictly according to manufacturer's instructions. Any modification must be within the tolerances of the equipment.

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

• managing risk
• plant, machinery and equipment
• construction industry
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.