AUSTRALIA'S largest private rail freight operator has been convicted and fined $50,000 after a railway maintenance worker lost an eye at work, despite a 1997 consultant's report that identified the work practice as 'high risk'.
A 60-year-old man was working at the Dynon Road, Melbourne, Wagon Maintenance Centre of Pacific National (ACT) Ltd when the incident occured in June 2004.
WorkSafe Victoria's executive director, John Merritt, said the case demonstrated issues that applied to thousands of workplaces.
"A long-identified hazard was not acted on and safe work procedures were not in place,” he said.
"These are common factors that can lead to workplace deaths and injures. If overcome they eliminate much pain and suffering, considerable expense and potential legal action.”
Pacific National (ACT) Ltd pleaded guilty to one charge laid under the 1985 Occupational Health and Safety Act.
Magistrate Charlie Rozencwajg was told two men were working to replace bogies, which had undergone maintenance on freight wagons. The bodies were lifted from the bogies by hydraulic jacks allowing one set to be rolled away and another to be moved into position.
On the day of the incident, one man was under the wagon and using an 88cm 'blocking bar' to align a king-pin on the bogie with the body of the wagon that was being lowered.
This was a common practice.
As the wagon body was being moved into position, the bar flew up hitting the man underneath on the head dislodging his eye, which was later removed during eight days in hospital.
His cheek bone was also shattered and his skull damaged. The injured man had two operations, including plastic surgery. He has since had psychological and psychiatric treatment and seen an occupational therapist.
He now has an artificial eye, ongoing leg and head pain and suffers from nightmares.
WorkSafe told the court the danger of working under wagons should have been eliminated after the 1997 safety report identified the hazard.
Magistrate Rozencwajg said although the risks were considerable, the remedies were simple and easy to apply. He urged other companies to be ever-vigilant.
Pacific National immediately reviewed work procedures after the incident - they issued an alert prohibiting staff from being under wagons while they were being raised or lowered and rolling stock maintenance instructions were amended and sent to other rail operators to warn them of potential risks.
The company also revised its procedures and manuals and employees were trained on safer work practices.