NSCA Foundation

Lack of routine maintenance proves deadly for recycler


Wednesday, 02 August, 2017

A waste recycling business which failed to do routine maintenance on an excavator and cost a worker his life has been fined $200,000 in the Richlands Magistrates Court.

The company pleaded guilty to a Category 2 offence under the WHS Act in which it exposed an employee to risk of serious injury or death.

In February 2015 the worker was using an excavator to load demolition building waste into a truck at Richlands, when he was hit in the head by metal and killed.

A Workplace Health and Safety Queensland investigation found the material was able to enter the operator’s cabin because of defects such as missing windows and a door which could not be closed.

To make matters worse, the managing director was reportedly aware of two prior similar incidents involving the company’s plant machinery and knew about the defects on the excavator in question.

“Sadly, he chose to do nothing about it and an employee paid the ultimate price,” said Dr Simon Blackwood, head of Workplace Health and Safety Queensland.

“No matter what, the golden rule is those operating a business must provide safe working environments. Every worker deserves to go home to family at the end of the day or shift.”

At a sentence hearing on 27 July 2017, Magistrate Aaron Simpson accepted the company had a WHS system in place but said it was not followed. He noted that due to the prior incidents the managing director would have been aware objects could enter the cabin — but because no one was injured in those near misses, he did not realise just how dangerous it was.

“This tragedy occurred as a result of routine maintenance not being done,” Blackwood said.

“There were warning signs, but they were simply ignored. That's just not good enough.”

The magistrate fined the company $200,000, plus court costs of almost $1100. No conviction was recorded against the company. The director was given an undertaking with a recognisance of $50,000. Again, no conviction was recorded, but should the defendant offend under the WHS Act in the next two years he will be liable for the $50,000.

NSCA Foundation is a member based, non-profit organisation working together with members to improve workplace health and safety throughout Australia. For more information and membership details click here
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