Company fined $180,000 after workers injured in factory falls

A WA manufacturer of electrical switchboards and switch rooms has been fined $180,000 after two workers were seriously injured when they fell from a scissor lift.

HVLV Pty Ltd (in liquidation) was found guilty of failing to provide and maintain a safe working environment in breach of the Occupational Safety and Health Act. The company was ordered to also pay costs of $784 when convicted on 4 August 2015.

In the incident, which occurred on 25 February 2013, two workers were on top of a scissor-type elevated work platform carrying out tests at a height of about 10 m when an overhead crane, being wirelessly controlled by workers in another section of the factory, collided with the platform and tipped it over.

One worker had tied a 46 kg test weight to the handrails of the scissor lift to carry out the test procedure, while the other employee was ordered by a supervisor to stand on the opposite side of the platform to act as a counterbalance.

Both workers fell to the ground and suffered serious injuries during the incident. One worker received numerous fractures, including to his arm, shoulder and ribs, as well as a punctured lung. The other worker also received multiple injuries, including dislocation of his arm and leg, and fractures to his arm, leg, foot, pelvis and lumbar spine.

After the incident, the company’s sole director conceded in an interview with WorkSafe that “with hindsight” a job safety analysis or some form of hazard assessment should have been done in these circumstances.

A WorkSafe investigation concluded that the hazard could have been controlled by restricting the use of the crane while the scissor lift was being used, as well as better communication with all staff working in and around the platform and isolating the area around the platform with bunting or a ground spotter.

“Although the company is in liquidation, it was considered important to prosecute the company and have a conviction recorded as a deterrent to others,” said WorkSafe WA Acting Executive Director Ian Munns.

“Other employers in the same or similar industries need to appreciate that if safety measures are not taken, they will be liable to prosecution and substantial penalties.”

In handing down the penalty, Magistrate Benn from the Midland Magistrates Court said the nature of the hazard was obvious and posed a serious risk of injury or death. He said the practices carried out on the day of the incident displayed a general lack of safety consciousness, including the fact that the test weight was being tied to the platform’s handrail, which was against the manufacturer’s instructions.

The Magistrate said that there were cost-effective measures that could have been put in place to prevent the hazard, such as proper training, communication and risk assessment.