Rigging company fined after construction site injury

Seca Cranes and Rigging Pty Ltd

A Sunshine Coast rigging company was fined $30,000 after a worker employed as a dogman, was injured at a Maroochydore construction site.

Seca Cranes and Rigging Pty Ltd pleaded guilty in the Maroochydore Industrial Magistrates Court to breaching sections of the Workplace Health and Safety Act 1995, having failed to ensure the safety of its workers.

The worker was injured when formwork, weighing around 950 kg, fell on him causing crush injuries including a fractured jaw, broken nose and teeth, fractured ribs, lung injuries and compound fractures of the leg and ankle.

The court heard the formwork, called a shutter, was not secured and was balanced on its plywood edge only.

The Workplace Health and Safety Queensland investigation found that the company had failed to identify any hazards associated with the shutters, did not provide an induction covering standing formwork or shutters and did not implement any control measures to minimise the risks to workers or adopt any risk management process.

The Magistrate also ordered the company to pay costs of $4,000.

Development company fined for safety breach

Sharpe Development Group Pty Ltd

A construction company was fined $25,000 plus costs after a man was injured in an earth wall collapse at Airlie Beach.

Sharpe Development Group Pty Ltd pleaded guilty in the Proserpine Industrial Magistrates Court, to breaching the Workplace Health and Safety Act 1995 , having failed to ensure that the way the company conducted its undertaking did not affect the workplace health and safety of others.

The court heard that after being advised the footings for a new retaining wall were secure, the site foreman moved to the face of the excavation to mark out the area for the footings to be excavated and as he did so the earth wall collapsed on him.

He sustained a fractured vertebra and back injuries, fractured pelvis, multiple facial contusions, laceration, and bruising.

The Magistrate also ordered the company to pay investigation costs.

Engineering company fined for breach

Zemek Engineering Pty Ltd
A Mackay based engineering company was fined $17,500 after a worker received injuries from a grinder, requiring surgery to repair tendons in his right thumb.

Zemek Engineering Pty Ltd pleaded guilty in the Mackay Industrial Magistrates Court to breaching sections of the Workplace Health and Safety Act 1995, having failed to ensure the health and safety of workers at work.

The court heard that a labourer working for the company was grinding a 263 kilogram dump socket (mining equipment) when it moved. He released the grinder to try to stop the socket falling and the grinder made contact with his right thumb.

The court heard that prior to the incident the company had some documentation in place regarding workplace safety and the labourer had received an induction.

However the company's safety analysis of the work done by the labourer did not include the stability of the work.

The Magistrate ordered the company to pay costs of $1,755 and $62.50 court costs.

Enforceable undertakings

Under the Workplace Health and Safety Act 1995, for 2004
The Queensland Department of Industrial Relations (DIR) is responsible for administering the Workplace Health and Safety Act 1995. Enforceable undertakings are one of the enforcement options available to the department to promote compliance with health and safety laws.

Acceptance of an enforceable undertaking is at the discretion of the Director-General of the Department of Industrial Relations.

The following enforceable undertakings were accepted during 2004.

Company                                              Date accepted

Watpac Pty Ltd                                     11 May 2004
Multiplex Limited                                  4 June 2004
John Johnson                                       15 June 2004
Sun Metals Corporation                      29 June 2004
Australia Meat Holdings                      13 July 2004
Warner Village Theme Parks             20 August 2004
Croad Transport                                   19 October 2004
Qantas                                                    24 October 2004
Australian Agricultural Company      14 December 2004

The total value of enforceable undertakings in 2004 was $1,224,891. In addition total investigation and administration costs were a further $48,901.

The case summaries above are sourced from the Division of Workplace Health and Safety newsletter titled "Queensland Workplace Prosecutions", issue 7.