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Court Summary - at a glance
- Ensure that daily pre-start up checks of machines, in particular cherry pickers, were undertaken;
- Ensure that an effective system is in place for identifying new hazards and machinery faults and ensuring that they are addressed in a timely manner;
- Ensure that machinery with identified faults is taken out of service until such time as it had been assessed by an appropriately qualified person, repaired if necessary, and deemed safe for use;
- Ensure a systematic approach is in place for ensuring that all machinery, and in particular cherry pickers, are maintained in accordance with its operating manual;
- Ensure that identified faults or problems are documented and that the appropriate action was taken (including but not limited to the removal of the machine from service, inspection by a competent person, and repair or replacement if required); and
- Ensure that all personnel are aware of any machinery faults and whether or not it could be used at any given time.
On the day of the offence, an employee of the Defendant identified and reported that the ATB46n Snorkel Boom (known as a cherry picker) had excessive slew movement in the boom. The cherry picker was not removed from service at this point and the employee was instructed to work using it.
The employee refused to work using the cherry picker.
In this instance there was no physical harm, however there was potential for serious harm to either the operator or any other employee in the vicinity.