Southern Cross Demolition Pty Ltd

Incident description:

On 5 February 2010 a 39 year old male was struck by a beam and sustained injuries including amputation of toes on his left foot.

Southern Cross Demolition Pty Ltd held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

The investigation findings presented to the court revealed:

• work was being performed on three module barges assembled on land
• a series of steel I-beams were being positioned around the perimeter of the decks on the three module barges by an excavator on adjacent land
• a large steel slung I-beam was being craned into position on the barge deck using the stationary excavator
• as the slung I-beam was lowered onto the barge deck, it came in contact with an I-beam previously placed on the barge and knocked it over
• the fallen I-beam came into contact with the injured worker's foot.

The facts presented to the court revealed:

• the hazards required management under section 27A of the Workplace Health and Safety Act 1995
• the worker had not been specifically inducted in relation to the task
• the worker received general supervision at the work site, but the supervisor was operating the excavator at the time
• the defendant's pre-start-up discussions with the workers did not explicitly remind them of the exclusion zones
• the angle irons in place to secure the I-beams were insufficient to prevent an I-beam from falling.

Since the incident, the following measures have been adopted:

• implementation of a formal, documented risk assessment for that specific task
• improvement in formal documented task specific risk assessment
• re-induction of workers to specific tasks for the work site.

Court result:

The defendant pleaded guilty in the Mackay Industrial Magistrates Court on Friday 22 July 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 Damien Dwyer ordered the defendant pay a penalty of $40 000 as well as court, investigation and legal professional costs totalling $3644.40.

In reaching a decision the industrial magistrate acknowledged the defendant failed to put controls in place to control the risk of injury from the hazard. In deciding the penalty imposed Industrial Magistrate Dwyer took into account the defendant had not been prosecuted previously for any workplace health and safety breach and cooperated with the investigation.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When working in the construction industry where there is exposure to risks from falling building supports, 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
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding and implementing control measures associated with the risk of falling materials, obligation holders should consider:

• adequate supervision of the work being undertaken
• an exclusion zone for personnel
• slinging techniques used comply with the relevant Australian standards.

Security of materials and plant can be achieved through proper engineered controls, in conjunction with enforcement of exclusion zones. The likelihood of workers or others being injured by moving or dislodged materials or equipment will be reduced or removed.

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

• Protection from falling objects
• Falling object protective structures (FOPS)
• Building and construction
• Health and safety information for construction
• Managing risk
• Employer training options
• Training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.