An employer was sentenced in the South Australian Employment Tribunal (SAET) on 30 July 2021 after pleading guilty of failing to provide safe plant and a safe system of work. The employer was fined $133,000.
Construction is a high-risk industry, and it is the responsibility of employers to provide a safe work environment and ensure plant and machinery are well-maintained and fit-for-purpose. The case also highlights the need to consider expert engineering or WHS input when considering changing the way machinery operates.
In March 2019 a worker was performing work inside the drop zone of the 230kg ramps of a low loader trailer. The safety chains of the ramp had to be released while standing between the vertical ramps. The safety chain restraint system had been loosened so that the worker could open a storage box located between the ramps, and when doing so the ramps fell due to a hydraulic failure.
The worker suffered serious injuries including nine broken ribs, a punctured lung, three damaged vertebrae, and bilateral comminuted ankle fractures.
Following an investigation by SafeWork SA the employer was charged with:
· exposing a worker to risk of serious injury or death
· failing to provide and maintain plant in a safe condition
· failing to provide a safe system of work.
The employer pleaded guilty in the South Australia Employment Tribunal (SAET) for breaches of their duties under section 32 of the Work Health and Safety Act 2012 (SA). The maximum penalty is a fine of $1,500,000.
SafeWork SA identified that the incident could have been avoided had an assessment of hazards and risks been undertaken, and appropriate control measures adopted to eliminate or minimise the risk.
Deputy President Lieschke noted the expert opinion report submitted about the safety of ramps with the ‘suggestion that an inexpensive stop or burst control valve inserted in the hydraulic lines could have prevented the sudden loss of pressure, and the unexpectedly falling ramp.’
SafeWork SA further identified that the state of the webbing on safety chains was damaged more than 10% across its width, and was not compliant with the relevant Australian Standard, 4380 for Transport Webbing, Appendix D11.
Deputy President Lieschke commented that this offence had a high degree of objective seriousness. The risk was easily foreseeable and was foreseen to a degree. The offence was more serious for the employer as they reverted to an acknowledged more dangerous system in response to a Police defect notice, without seeking any expert advice.
The SAET convicted the employer and imposed a fine of $133,000 ($200,000 before 30% discount for early guilty plea) plus costs. Deputy President Lieschke commented in sentencing that specific deterrence was an important sentencing principle in this case.
The case can be accessed here.
Further information is available on the SafeWork SA website relating to working in proximity to plant hydraulic systems. There is also a Code of Practice on Managing the Risks of plant in the Workplace.
Time to undertake a WHS legislative audit to ensure you’ve got it covered? Contact us today on (08) 8300 0000 to speak with one our WHS experts.
