Case 2

Petrol fumes leave three dead

On 7 December 1994 WreckAir hired a pump to Peter Applegate. Peter conducts business as a
primary producer on a dairy farm where he employs his son, Peter Applegate Jnr, as a farmhand.
Peter transported the pump from WreckAir to his farm where it was placed in a well and
operated to pump out liquid from the well. The well is utilized to supply water to the farmhouse
and cattle watering tanks. Thomas, PJ and Greg Mead, a person not employed at the farm entered
the well and were overcome by fumes emitted from the motor of the pump. All three men died in
the well as a result.
A few hours later a fourth person, John Hanks entered the Applegate farm looking for Thomas.
John attempted to reach the men, but was driven back by bad air in the well. At that time the
pump motor was located inside the well.
The pump was collected by Peter from WreckAir. A deposit was paid by him on the equipment
hired. Peter signed a "Cash Hire Invoice" and was given a copy of it. He was given no other
documentation and he was given no instructions, written or otherwise, as to the danger of
operating the pump motor in a confined space. The pump motor itself carried information
stickers bearing the name "WreckAir Hire", a telephone number for service assistance and a
"Warning - Petrol Only" sign near the fuel tank cap. No other sticker or warnings were attached
to the motor or any other part of the plant.
Peter hired the pump in circumstances where, whatever the information he had supplied as to his
needs, no attempt was made to convey to him any operating instruction at all, let alone those
which would relate to the hazard arising from the use of the equipment particularly the petrol
motor in a confined space.
WreckAir was convicted and fined $20 000
1. Write a short policy and procedure document for WreckAir to ensure that the correct
Occupational Health and Safety standards are met.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_______________________________________________________________________
2. What kind of hazard caused the death of the three men?
________________________________________________________________________
________________________________________________________________________
______________________________________________________
3. According to Kuwaiti Law what sum of money would WreckAir be liable for?
________________________________________________________________________

Case 1
Untrained forklift operator loses arm
A 22 year old forklift operator was cleaning an agitator in an industrial mixer used in the
processing of concrete. The machine was unsafe in that the guard had earlier been removed. The
worker (who had not cleaned out the machine before), reached into the machine to remove a
piece of concrete with his hands and became entrapped - so severely that a surgical team had to
amputate his arm at the shoulder to effect a rescue.
Justice Fisher, in his judgment stated it seems doubtful, on evidence that effective training was
given to employees about safe working. The management claimed training was given. The
evidence which I accept, strongly suggests that the injured employee had not been appropriately
trained on the operation of the GRC machine. Though he may have been asked on occasions to
assist in some work, or in the vicinity of the machine.
The fine imposed was $65,000 to the company and $20,000 to the manager.
1. Do you think the company had a safety policy in
place?__________________________________________________________________
___________________________________________________________
2. Is there evidence that safety procedure were followed?
________________________________________________________________________
____________________________________________________________
3. Write a short safety procedure for this company?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________
4. How could the company have proved that training was provided?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________
5. As the newly appointed Health and Safety manager, list the actions that will need to be
completed in order for proper standards to be
met_____________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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