College fined after tree collapse

A private college in South Australia has been convicted and fined in the Industrial Court after three people were injured by a falling tree while attending a junior school sports day in 2009.

Cedar College pleaded guilty to breaching section 22(2)(a) of the Occupational Health Safety and Welfare Act 1986 in that it failed in its duty of care to ensure that members of the public were safe from injury and risk to health while on the premises. During the sports day in September 2009, part of a tree trunk fell onto three people. A male parent sustained several serious injuries and is now a paraplegic, while a female parent sustained a dislocation and fractured ankle, bruising and lacerations. A male college student suffered fractures, a broken leg and ankle and bruising. All three victims suffered associated psychological problems.

While most of the sports day activities took place on the oval, some occurred in the proximity of large trees. The day was particularly windy and, while discussions had taken place about moving activities away from the trees, this suggestion was not implemented.

The College demonstrated an awareness of the dangers presented by the trees through its engagement of an arborist in 2005. When first inspected, it was recommended that the tree involved in the incident be pruned as a matter of high priority. This recommendation was not acted on.

A follow up survey in December 2007 recommended that, as a medium priority, the tree be removed within six to 18 months. While the College had attended to other trees that were identified as high priority, it did not act upon the recommendation for this particular tree within the recommended timeframe.

Industrial magistrate Michael Ardlie imposed a conviction and fined the defendant $108,750 after a discount of 25% to acknowledge the early guilty plea and genuine remorse for the incident.

“This is another case where serious injuries have occurred and people have paid the price for the employer’s failure to follow through and manage all the hazards that have been identified,” said SafeWork SA Executive Director, Bryan Russell.