Townsville Gymnastics Association Incorporated

Incident description:

On 18 June 2009 a 19 year old gymnast sustained fatal injuries when she struck her head on a concrete floor whilst performing a gymnastic manoeuvre.

Townsville Gymnastics Association Incorporated provided recreational gymnastics instruction to the gymnast

The court found the defendant held obligations under section 28 of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

The gymnast was a member of an adult gymnastics class at the defendant's centre. On 18 June 2009 she was performing a manoeuvre called 'round offs' on an apparatus called a 'tumble tramp' when during her landing, she struck her head on an exposed concrete floor.

The court considered evidence relating to the:

• skill level of gymnasts in the class
• skill level of the gymnast performing the routine
• apparatus being used at the time of the incident
• supervision of the gymnast during the manoeuvre
• adequacy of protective covering on the concrete floor.

Court result:

The defendant pleaded not guilty in the Townsville Industrial Magistrates Court on 1 October 2010 to breaching s.24 (1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations. It was found guilty after a two day trial.

Industrial Magistrate Mr. Ross Mack ordered the defendant pay a penalty of $70 000 as well as investigation and court costs totaling $7175.

In reaching a decision, the Industrial Magistrate acknowledged that while the defendant had no control of the deceased while the activity was being performed, preventing this type of accident by covering the exposed concrete floor with protective mats was within its control.

In deciding penalty, Industrial Magistrate Mack took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches; and was an incorporated association providing local people opportunity to participate in recreational activity.

On 19 October 2010, Townsville Gymnastics appealed to the Industrial Court of Queensland against its conviction. On 22 March 2011, the Industrial Court of Queensland dismissed the appeal.

Considerations for prevention:

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

When working in the recreational gymnastics industry where there is exposure to the risks of injury from contact with hard surfaces, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves:

• identifying the hazardsevaluating the consequences and likelihood of harm that may result from the hazard
• deciding 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 injury from contact with hard surfaces, obligation holders should consider the apparatus being used, including the possibility of gymnasts rebounding after landings. When gymnasts are practising and performing a manoeuvre, steps should be taken by obligation holders to make assessments to adequately cover exposed hard floor surfaces with crash mats, to minimise or prevent serious injuries.

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

• Recreation and sport
• Managing risk
• Employer training options
• Training staff
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.