Penna Holdings Pty Ltd

Incident description:

On 24 April 2010, a 62 year old male was killed when he was run over by a backhoe.

Penna Holdings Pty Ltd employed the worker to perform rural farm work, including the operation of a tractor with backhoe and forklift attachments.

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

The backhoe was being operated by the worker when it came to a stop due to the loss of transmission oil. While the backhoe was still running and in gear, the worker took steps to replace the oil through the filling point located at the side of the engine bay between the front and rear wheels. While the worker was adding the oil, the backhoe lunged forward and ran over him.

The investigation findings presented to the court revealed:

• the backhoe had numerous fluid leaks and some other defects. The transmission fluid leak was the one directly linked to the cause of the incident
• when the transmission oil fell below a certain level it caused the backhoe to lose drive and remain running in gear but stationary
• when topping up the oil with the backhoe in gear, once the oil reached a certain level it would automatically engage and the backhoe would move forward. The defective state of the backhoe allowed this to happen.

Court result:

The defendant pleaded guilty in the Townsville Industrial Magistrates Court on 15 November 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 Peter Smid fined the defendant $65 000 and ordered investigation and court costs totalling $3040.92.

In reaching a decision, the industrial magistrate acknowledged the defendant had failed in its obligation to ensure the backhoe was maintained in a serviceable condition.

In deciding penalty, Industrial Magistrate Smid took into account the defendant entered an early plea, cooperated with the investigation, had no previous convictions and was otherwise a good corporate citizen.

Considerations for prevention:

When deciding and implementing control measures associated with the risk of death or serious injury from defective rural plant, obligation holders should ensure the plant is regularly inspected by a competent person and that it is maintained in a serviceable condition in accordance with its manufacturer's specifications and instructions.

Good plant maintenance practices can prevent circumstances arising where workers might not be aware of the existing hazards, and might thereby put themselves at risk.

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

• managing risk 
• employer training options
• training staff
• Rural Plant Code of Practice 2004
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.