A Queensland stormwater treatment manufacturer has been fined $70,000 after a worker suffered serious injuries falling headfirst into a stormwater drain during maintenance work.
The Incident
The incident occurred on 8 March 2023 when two workers were tasked with emptying filter bags from stormwater drains. The company operated a business supplying, installing and maintaining stormwater treatment assets, including drain filters that catch pollution before it enters stormwater systems.
During the maintenance task, one worker was positioned on his hands and knees on the outside edge of the drain when he put weight on the drain filter. The filter collapsed due to faulty screws, causing the worker to fall headfirst 3.5 metres to the bottom of the drain.
Worker Injuries
The worker sustained:
- Fractured skull
- Bleed on the brain
- Fractured shoulder
The worker was not wearing any fall prevention device at the time of the incident, and no other fall protection controls were in place.
Investigation Findings
The investigation revealed that the drain filter failure was caused by a manufacturing defect in the screws. While the screws should have been able to withstand the combined weight of the product and worker, they contained an undetectable manufacturing defect.
Key safety failures identified included:
- No information or instruction provided to workers on fall prevention controls for drain filter cleaning
- Workers were not familiar with the manufacturer’s Safety Management Plan, Policies and Procedures handbook, or installation guide
- Fall restraints were available on site but were not used for drain filter maintenance
Legal Outcome
After a half-day trial, Magistrate Shearer found the manufacturer guilty of failing to comply with their statutory duty. The court determined that while the manufacturing defect was beyond the company’s control, the possibility of drain filter or concrete failure was always foreseeable.
The magistrate noted that the company had relied on the drain filter as an “infallible barrier to fall” when the risk of falling should always be considered given the drain depths exceeded three metres. The obvious risk of death or serious injury from such a fall was acknowledged.
A fine of $70,000 was imposed without conviction being recorded. The magistrate considered the remediation steps taken immediately after the incident as a mitigating factor in sentencing.
Safety Implications
The case highlights the importance of implementing proper fall protection measures when working at height, regardless of perceived equipment reliability. Employers must ensure workers receive adequate training and instruction on available safety controls and are familiar with relevant safety management procedures.
