Is a Chain Barrier enough?

A Queensland quarry director recently lost his appeal over a workplace fatality conviction but has avoided going to prison on the condition he does not commit another serious offence within the next three years.

Tragically, a 21-year-old worker was killed at MCG Quarries Pty Ltd back in 2012, when he got caught in a conveyor while he was investigating a noise on the crushing plant.

Conveyor Rollers

Note: The company that constructed the crushing plant and two of its directors were also previously convicted for supplying unsafe plant.

The idle roller under the conveyor had a lift-off guard which the director claimed satisfied the applicable Australian Standard, but this was not present on the day of the accident.

Removable guard on roller

However, the directors’ appeal asserted it would not have prevented the worker accessing the conveyor nip point in any event.

The court’s response was that the director’s logic would lead us to conclude it is not worth installing any safety measures because “rogue” workers can defeat almost any safeguard, if determined to do so.

President Justice Martin of the Queensland Industrial Court stated that guarding has at least two functions, one being to “cause reconsideration or reassessment” of the task. Unlike signage which can be ignored, or which having been passed dozens of times, is no longer “seen” by the worker.

The director claimed that even if the lift-off guard had been present it would not have stopped the worker reaching into the nip point, but President Martin said this was inconsistent with his own submission.

“MCG claimed they had eliminated the hazard by using a metal chain, isolation switch and warning signs to prevent workers from accessing the gantry alongside the nip point when the conveyor was running”.

The court rejected this contention as none of these controls require any positive action by the worker to avoid them. For example, a worker can step over a chain, not engage an isolation switch, and ignore signs.

But the worker must take a positive step to remove a guard. He said: Therefore, it is clear that chain barriers with signage is not enough to protect people from serious workplace hazards.

So, we must use compliant safety barriers eg 1.6m high “non-climbable” fences, or ensure hazardous areas or plant are fully guarded.

Indeed, in a separate article we explained that low chain barriers have caused numerous accidents where people tripped and fell while attempting to step over them.

For a quote for an independent safety audit of your premises call us on 03 8544 4300 or email us.