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 RailCorp fined $120,000 for safety breaches 

RailCorp fined $120,000 for safety breaches

11/10/2008 3:00:00 AM
Railcorp has been fined $120,000 for safety breaches after an accident at its Coniston depot left a worker with serious head and back injuries.

Fettler Glenn Coltman was off work for eight months after a 340kg jib attachment dislodged and struck him while he was helping to move a container.

RailCorp pleaded guilty in the NSW Industrial Court to failing to ensure the health, safety and welfare at work of all its employees, in particular Mr Coltman, at the Coniston depot on May 18, 2005.

The court heard RailCorp failed to ensure the job of moving shipping containers was safe and that the plant used in the operation was properly used.

The forklift was being driven by experienced plant operator Brian Clark while Mr Coltman was on the ground helping to direct the operation.

Investigations after the accident indicated that Mr Clark attached the jib to the loader, but the pins used to secure it in position did not engage, the court heard. Consequently, the jib was not positively secured.

While the forklift was lifting one end of the container, the jib attachment was dislodged and fell, striking Mr Coltman on the head.

Mr Coltman fell to the ground under the weight of the jib attachment.

Five medical reports were submitted to the court outlining Mr Coltman's injuries which included lower back, head and right knee. He also suffered anxiety.

Mr Coltman was in hospital for five days and off work for eight months. His injuries were described as significant.

"The court is better informed as to the consequences of this accident by having received and considered Mr Coltman's victim's impact statement," the judgment read.

"It brings home to the defendant and those who read the judgment, the consequences for those often horrifically injured in workplace accidents and the need to be vigilant in ensuring a safe work environment." The court heard that RailCorp was established as a state-owned corporation in 2003 and at the time of the accident had no convictions.

Evidence was given on RailCorp's extensive safety programs. However, the prosecution submitted the entire work procedure adopted on the day of the accident was, at best, "ad hoc".

It was established there were no documented instructions or directions for the relocation of the container and that all instructions provided were verbal.

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