WOODMAN, Gordon Mark

Incident description:

On 6 March 2009, by failing to ensure appropriate control measures were implemented the defendant exposed third party contractors to the risk of falling from a height and injuring themselves.

Gordon Mark Woodman operated a partnership with Peter Andrew Simons as a principal contractor for a site at Dalrymple Road, Garbutt.

The court found 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:

• evidence of two workers standing on a loaded forklifts tines at a height of five metres
• Mr Simons was operating the forklift while Mr Woodman observed from a distance
• no evidence that fall arrest or restraint systems, edge protection or any other form of physical control measure was in place at the time of the offence
• the defendant adopted the generic Master Builder work method statements, however, they were not enforced.

Court result:

The defendant pleaded guilty in the Cairns Industrial Magistrates Court on 1 February 2011 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet his workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Ms Kay Ryan fined the defendant $1500 with no order as to other costs.

In reaching a decision the industrial magistrate acknowledged the defendant failed to implement adequate control measures to manage the risk of conduction work at a height.

In deciding the penalty imposed Industrial Magistrate Ryan took into account the defendant had not been prosecuted previously for any other workplace health and safety breach, entered an early plea of guilty and there were no injuries sustained on this occasion.

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 working at a height, 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 on and implementing control measures associated with the risk of working at heights, obligation holders should consider the use of fall arrest or restraint systems, edge protection and ensure that suitable control measures are in place when workers and others are required to work at a height.

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

• Building and construction
• Health and safety tips
• Work at heights
• Workplace Health and Safety Regulation 2008
• Plant Code of Practice 2005
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.