07:15 am, Tuesday 30 June, 2009

A sales and distribution company has been fined $140,000 for failing to provide proper instructions for use of a Rock Crusher, which led to the death of a worker.

The company was charged under Section 24(1)(c) of the Occupational Health and Safety Act 1985 which covers the duties of manufacturers, importers and suppliers of plant. Under the OHS Act 2004, these duties are covered under Section 29 (“Duties of manufacturers of plant or substances” and Section 30 “Duties of suppliers of plant or substances”.)

In 2005, a man died at a Donnybrook quarry while carrying out routine maintenance on a rock crusher supplied by the manufacturer to his employer.

Part of the crusher, a steel plate weighing 1.3 tonnes, fell from its mounts and hit the man who was in the crusher box.

It was found that the sales company failed to provide to the worker’s employer accurate information in a maintenance manual it supplied with the machine. The printed instructions were “confusing”, “unclear” and “wrong”.

Additionally, the judge said the training provided by the company was unsatisfactory, made more serious by the fact that the task was inherently dangerous and had clear and significant risks.

Manufacturers, distributors and retailers need to ensure that use and maintenance instructions are clear and easily understood. Safety Issues must be addressed, while training and support services must be consistent with the formal instructions provided.

Charges against the employer will be heard at a later date.

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