Hypoxic/ischaemic brain damage due to mechanical asphyxia and neck compression from crush injury whilst operating an elevated work platform
AI-generated summary
Christopher Wagg, a 52-year-old diesel fitter, died from hypoxic-ischaemic brain damage caused by crush injuries when trapped between an elevated work platform (EWP) basket and overhead structural beam on 3 August 2009. The EWP hired from Instant Scaffolds had multiple critical defects: missing directional decals on the chassis, inoperative emergency stop button, incomplete log book, and absent creep speed control. These defects should have prevented the machine's operation. Gerard Sullivan, the registered plant inspector who conducted the pre-delivery check, failed to identify or tag these defects despite knowing the decals were missing since February. Nathan Graham, the licensed operator, failed to conduct a required pre-start check and positioned the EWP dangerously close to obstacles. Christopher Wagg himself failed to verify the machine's condition and then attempted repairs while operating it. A more rigorous pre-start check by Graham, proper pre-delivery inspection by Sullivan, and an overdue 10-year major service would likely have prevented this tragedy.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Machine 2 years overdue for mandatory 10-year major service
Failure of pre-delivery inspection
Failure to conduct pre-start checks
Inadequate risk assessment documentation
Presence of skip bin in work area creating collision hazard
Positioning of EWP near overhead structural beams
Coroner's recommendations
Review regulatory requirements for High Risk Work licence to require licensing for all persons operating boom-type elevating work platforms regardless of boom length
Review WorkSafe Tasmania's ability to maintain a system of audit to assess whether competent persons have properly inspected registered plant and ensure unsafe registered plant is not in service, with adequate resourcing
Review WorkSafe Tasmania's ability to assess and audit determinations by PCBUs of 'competent persons' on a regular basis, with adequate resourcing
Nyrstar review its vehicle entry procedures on an ongoing basis to ensure effective detection of defective vehicles and equipment
Nyrstar give priority to prompt distribution of new versions of Site Conditions and ongoing contractor education regarding safety policies
Caution to all EWP users to undertake training, conduct pre-start checks, check log books, conduct risk assessments, and understand control functions
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