Fine for unsafe fixtures - loose umbrella

Articles

Fine for unsafe fixtures - loose umbrella

30/05/2014

A man who operated a public pool in Queensland has been fined $10,000 after an umbrella struck and killed a young girl in windy conditions.

The person in charge of the pool pleaded guilty to S.32* of the Qld WHS Act, for failing to ensure the fixtures, fittings and plant he controlled were without risks to the health and safety of any person, per S.21**. * Category 2 breach for exposing a person to risk of death or serious injury, but not recklessly.

** e.g. Person in control of fixtures, fittings or plant must ensure they are without risk to health and safety of any person.

The court found the umbrella was not adequately anchored, and heard that other umbrellas had blown out of their holders in the past due to loose brackets. The Magistrate explained the $10,000 fine imposed was significant, as it represented a quarter of the man’s annual income.

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