Prosecution Details

Being an employer, failed so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards and in particular failed to provide and maintain a system of work such that, so far as was practicable, its employees were not exposed to hazards.

On 21 August 1997 the injured person, a leading hand, was involved in an accident when he fell from a pallet he was using as a working platform supported by the raised forks of a forklift.

The accident resulted in the worker receiving a fractured skull.

Two workers were working on the pressure vessel shown in the photograph, reshaping plate nozzles to fit onto the flange shown about 3 metres above ground level.

To access the flange the leading hand, not a trained forklift operator, used a forklift to elevate his workmate and then climbed the mast himself.

The working platform was merely a pallet, did not comply with the requirements of an elevated working platform and was not securely attached to the forklift.

The leading hand lost his balance while using a porter power when a rod came free.

It was considered practicable for the defendant to provide a safer system of work whereby:

(a) the high pressure vessel could have been rotated and the employees performed the work from ground level; or

(b) the employees performed the work from a work platform designed for the task such as scaffolding or a suitable mobile work platform.

The defendant pleaded guilty. The penalty was imposed under section 19(6) of the Act.

convicted