Vibration Injury Costs $1.5m

A Queensland company has been ordered to pay close to $1.5m in damages to a worker who suffered “white finger” syndrome after operating machinery with high vibration levels.

The Supreme Court found Kestrel Coal Pty Ltd failed to satisfy its duty of care for the worker by requiring him to operate a loading machine for 7 to 9 hours per (12.5hr) shift, contrary to engineer’s recommendations to limit exposure to 2 hours per shift.

The company ignored advice from a vibration specialist they had engaged earlier to assess the level and risk from the loader vibrations, which were assessed to be in the high-risk category.

The majority of the compensation awarded was for future earnings, as the court heard the worker could not continue his role as a “highly paid” machine operator and would have to seek sedentary or office-based work.

The Court dismissed counter allegations from the employer that his condition was caused by a number of other factors unrelated to his employment with Kestrel, including being a smoker, previously working in fishing industry and as a boiler maker, and a pre-existing blood vessel disease.

Remember, workers don’t have to prove their current employment is the sole cause or even primary cause of their condition, but in essence if it contributes to that condition.

This case highlights the need for employers to take vibration risks seriously and implement good practice in design, facilities and exposure limitations.