Blog – Page 12 – SafetyAtWorkBlog

Large cranes are now a basic tool for high-rise construction. Over the last six months the United States has had several crane collapses. The latest occurred in Texas on 19 July 2008 and involved a mobile crane. The collapse resulted in four deaths and injuries to seven workers. Fed-OSHA is investigating but as this is the latest in a run of collapses there is increased media attention.

According to the most recent media statement by the company that owned the crane, Deep South Crane & Rigging

“The Deep South Crane and Rigging Company experienced a tragic industrial accident yesterday in Houston, TX, that resulted in the death of four members of our company family. Our thoughts and prayers are focused on our deceased co-workers, their families and friends, and the extended Deep South Crane and Rigging family.

We wish we had all of the answers on what happened and why – but we do not – and speculating on cause would not resolve anything. But we are actively working to find those answers. We are fully engaged and cooperating with OSHA in their investigation of the accident. Our common goal is to identify the root cause, correct any issue that may be found, and ensure that this type of tragic accident does not occur again.”

According to one article:

“An Associated Press analysis in June found that cities and states have wildly varying rules governing construction cranes, and some have no regulations at all, choosing instead to rely on federal guidelines dating back nearly 40 years that some experts say have not kept up with technological advances.”

Video and audio reports on the incident are available through the links below. SafetyAtWorkBlog will be reporting on any new information about the investigations

Company representative – http://www.chron.com/disp/story.mpl/front/5896374.html

Crane investigations – http://www.khou.com/video/index.html?nvid=264952

Crane investigations/”competent person” – http://kut.org/items/show/13389

SafetyAtWorkBlog mainly keeps away from referring to specific court decisions on OHS Prosecutions because, to a large extent, these are decisions of law rather than safety management. The judgements also require clear legal interpretation so that any management lessons of the judgement can be extracted.

Another reason is that SafetyAtWorkBlog intends to be a FREE conduit for OHS discussion and news. We don’t agree that blogs should refer to information that can only be accessed through subscriptions. That approach renders a blog advertising which is contrary to what we believe a weblog should be.

In this context some readers may be interested in reading the judge’s decision in an appeal case that has appeareed on several Australian OHS sites in the last day.

According to a judgement in the South Australia Industrial Court:

Adelaide Industrial Labour Service Pty Ltd (AILS)… is a labour hire company which employed John McCutcheon on 19 May 2005. At the time Mr McCutcheon was eighteen years old and had no trade qualifications or experience.
On 19 May 2005 AILS sent Mr McCutcheon to work for Dagenham Pty Ltd (trading as Link Plus) as a labourer.
On 20 May 2005 Mr McCutcheon whilst operating a pipe bending machine which was unguarded, sustained serious finger injuries to both hands. Mr McCutcheon had not received adequate instruction or training to operate that machine.
Dagenham was charged with a breach of s 19(1) of the Occupational Health Safety and Welfare Act 1986 (the Act) and was sentenced on 18 December 2006 by Ardlie IM to a penalty of $12,000, discounted on account of its guilty plea to $9,000.

The court has reduced the fine by $3,000 and has found that the Industrial Magistrate in the initial case made a defective decision.

The full decision is available for download HERE

Category: Blog

Texas Crane Collapse

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Successful appeal in finger injury case

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