Lessons learned
Landsborough formwork company fined $35 000 after deck collapses
A Landsborough based formwork company has been fined $35 000 after two workers were injured at their work site at Pacific Highway, Slacks Creek.
Triform Constructions Pty Ltd pleaded guilty in the Beenleigh Industrial Magistrates Court to breaching section 24(1) of the Workplace Health and Safety Act 1995 (PDF, 766 KB), having failed to ensure the health and safety of its workers.
In April 2006, two male workers suffered soft tissue injuries when approximately 200 square metres of formwork deck collapsed.
The court heard that the workers were assisting in lowering a formwork deck that was 20 mm too high.
They were instructed by their supervisor to remove the edge supports on the erected deck and, as they finished, the deck collapsed.
The court also heard that the health and safety of three other workers was risked by being underneath the deck during the removal of the edge supports.
The workplace health and safety investigation revealed that while the company had formal procedures for erecting formwork decking, the procedures were not followed by the supervisor on the day of the incident.
As a result of the incident, the company took steps to ensure that such an incident does not happen again by implementing new work procedures.
Industrial Magistrate James McDougall ordered the company to pay investigation, professional and court courts totalling $2816.40. No conviction was recorded.
He said that while the workers only sustained minor injuries they were lucky to escape more serious injury as a result of the manner in which the deck was being lowered.
Brisbane company fined $57 000 after worker crushed to death by falling steel beams
A Brisbane based labour-hire company has been fined $57 000 after a worker was crushed to death when four large steel beams fell from a semi-trailer during loading.
Protech Personnel Pty Ltd pleaded guilty in the Brisbane Industrial Magistrates Court on 17 December 2008 to breaching the Workplace Health and Safety Act 1995, in failing to ensure the safety of its workers.
In October 2007, a worker employed by Protech was assigned to work at the OneSteel steel distribution centre in Eagle Farm.
He died when four structural steel beams fell from a semi-trailer during loading.
The load was not secured by pins on the driver’s side. Had pins been in place, the steel beams could not have fallen.
The worker received some training but was not properly supervised and should not have been in the exclusion zone, which was marked on the floor and enclosed by barriers.
OneSteel pleaded guilty to a WHSQ health and safety breach on 12 December 2007 arising from the same incident. A fine of $67 000 was imposed.
On 17 December the court heard that Protech Personnel Pty Ltd identified workplace health and safety issues generally. However, the systems in place were inadequate.
Protech did not address specific hazards at the site. This was important because OneSteel sourced several workers from Protech.
By the action of simply relying on OneSteel’s harm-minimisation strategies, Protech did not meet its obligations.
Industrial Magistrate Ms Wendy Cull ordered Protech to pay investigation and professional costs of $1750.
The court took into account Protech’s previous good record, its co-operation with the investigation and the fact it was otherwise a good corporate citizen in ordering that no conviction was to be recorded.
Cairns trainer fined $13 000 after worker's death
A Cairns-based training provider has been fined $13 000 after a worker died at a Kerrawa Beach construction site in September 2006.
Lance James Pyne pleaded not guilty to a charge brought by Workplace Health and Safety Queensland in the Cairns Industrial Magistrates Court alleging that he breached the Workplace Health and Safety Act 1995.
The court heard Mr Pyne was hired to assess construction workers for a level 2 chainsaw certificate.
During the practical component, one of the participants was performing what is known as a “back cut”. The trunk splintered and the tree recoiled, struck and pinned the participant against another tree. As a result of his injuries the participant died in hospital that day.
The workplace health and safety investigation found there was a failure to adequately assess the risks posed by the lean of a tree and its potential for splintering.
The incident has highlighted the importance for those conducting training, or in the industry generally, to ensure adequate assessment is undertaken on any selected tree prior to commencing work.
In addition to the fine, the defendant was ordered to pay investigation costs of $5184, legal costs of $2000 and filing fee of $65.40. The court ordered no conviction was to be recorded.
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