On 19 March 2024, a corporation pleaded guilty to a ‘Category 2’ offence contrary to s.32 of the Work Health and Safety Act 2011 (‘the WHS Act’).

On 12 April 2024, Magistrate Eoin Mac Giolla Ri imposed a fine of $150,000 plus costs of $1,500 and court costs of $101.40.

The defendant had a duty as a person conducting a business or undertaking, pursuant to s.19(1) of the WHS Act, to ensure, so far as reasonably practicable, the health and safety of workers engaged, or caused to be engaged by it, while the workers were at work in the business or undertaking, that they failed to comply with that duty and the failure exposed an individual to the risk of death or serious injury or illness.

The defendant carries on a business or undertaking which includes heavy vehicle and earthmoving plant maintenance and servicing at a site at Crestmead. As part of the undertaking, damaged heavy vehicle tyres are repaired and reinflated with compressed air, delivered from a compressor system through an air delivery line.

On 16 June 2022, a worker engaged by the defendant was inflating a Bridgestone trailer tyre, on the floor of the workplace in an area known as the ‘tyre inflating area’. He attached the compressed air line to the tyre valve, before leaving the tyre unattended.

He returned after an unknown period of time. Shortly after his return, the tyre exploded causing the tyre and rim to strike him in the face.

As a result, he sustained serious injuries including:

• mandible symphysis (fractures to midline of jaw);
• fractures to the left condylar bone of his jaw (broken jaw);
• fractured teeth;
• concussion; and
• intraparenchymal haemorrhage (bleeding into the brain).

Hazards arising from the inflation of heavy vehicle tyres including explosion resulting from ‘zipper failure’ in the sidewall and from over inflation are well known to industry.

Tyres that have been run overloaded, under-inflated or flat for extended periods of time can suffer from “zipper failure”. This is where the sidewall of the tyre tears open violently during the reinflation process.

Heavy vehicle tyres under inflation should be restrained within a tyre inflation cage, which is a metal cage designed to absorb the impact of exploding tyres thereby reducing the risk serious injury.

The defendant had a tyre inflation cage available at the workplace, but did not have in place a system of work which required its use at all times by workers when inflating tyres.

A clip-on air-hose extension with an air pressure gauge located remotely should also be used, to enable workers to monitor the tyre pressure from a position outside of a designated exclusion zone.

The defendant did not have such an air-hose extension system available for use by workers.

In sentencing the defendant, the magistrate noted that the offending was quite serious due to the severe injuries sustained by the worker, while acknowledging that the offence is constituted by the exposure to risk and not the outcome of such exposure.

The magistrate took account that the defendant entered a timely guilty plea, had expressed considerable remorse, was a good corporate citizen who undertook charitable works in the community, had treated the injured worker well to date following the incident, and had taken considerable steps to render its system of work safe.

No conviction was record against the defendant.

OWHSP contact: enquiries@owhsp.qld.gov.au