Preventing Workplace Injuries
Two recent (2019) WHS prosecutions in NSW were based on WHS failures that quite commonly result in serious injuries to workers. This article lists those failures and considers who could have prevented those injuries.
The incident occurred when a forklift used in the warehouse collided with one of the workers who were supplied by a contractor to provide stock picking services. The judge concluded that the collision occurred because the PCBU:
Did not develop and implement a traffic management plan and train all workers on its contents.
Did not provide adequate information and training to workers concerning the risks of working in areas where forklifts were operating.
Did not ensure that workers were appropriately supervised.
Did not consult with the contractor in relation to training and supervision of its workers.
Did not consult the significant amount of guidance material which was available on minimising the risk of injury from a forklift.
Did have a safety system in place in relation to the movement of forklifts, but it was undocumented and was not adequately conveyed to new workers in the factory.
The injured worker began working at the premises only the day before the incident and had clearly not been properly trained – she was a vulnerable new worker at the factory.
This incident occurred when a worker was clearing the feed rollers on a roller mill that was used to grind wheat. The worker’s hands were caught in the rollers. The judge concluded that the incident occurred because:
There was no Safe Work Method Statement (‘SWMS’), and no documented risk assessments or safe operating procedures for the task of cleaning the roller mill.
The roller mill was not turned off while the clearing operation was being done.
There were guarding mechanisms on the roller mill, but they were not permanently fixed or interlocked physical barriers. This meant that workers could remove the guarding with ease, whilst the roller mill was operating, thus allowing contact with the rollers.
Adequate training, information and instruction had not been provided to the workers on how to isolate the power to the roller mill when it was being cleaned or maintained.
There was no supervision of the workers whilst they were cleaning the roller mill.
Who Could Have Prevented These Injuries? It is the duty of the PCBU (business, organisation, corporation, etc) to prevent these injuries by having a robust WHS management system. The company directors have the duties to ensure systems exist and are adhered to. Directors use their leadership team to facilitate the measures they are responsible for that ensure the health and safety of the workers. WHS duties are non delegable. (They cannot be relinquished to "someone else.")
WHS is always the responsibility of the PCBU and the officers of the PCBU, therefore in these sort of court cases it will always be the PCBU and the business owners/directors who will be prosecuted. For more information on WHS training or WHS compliance services, or if you would like help to make your WHS management system even more robust, please feel free to contact us at train@courtenell.com.au or phone us on 02 9552 2066
20th August 2019
Related WHS Services
WHS Risk Management course (suitable for all WHS duty holders)