Mine owner and operator FQM Australia Nickel Pty Ltd has been fined $810,000 and ordered to pay $11,096.20 in costs by the Albany Magistrates Court over an incident in which a worker suffered a serious spinal injury.
On 18 March 2023, the injured worker was carrying out maintenance on the Saprolite Stacker at FQM Australia Nickel Pty Ltd’s Ravensthorpe Nickel Operation processing plant when a heavy plant component known as a Roman Shield moved and struck him. The injured worker required spinal fusion surgery, extensive treatment and rehabilitation. The injured worker continues to experience ongoing pain and reduced mobility.
FQM Australia Nickel Pty Ltd pleaded guilty to contravening sections 19(1) and 31(1) of the Work Health and Safety Act 2020. The company failed to comply with a health and safety duty and, by that failure, caused serious harm to a worker.
The court heard FQM Australia Nickel Pty Ltd transported nickel ore to stockpiles via conveyor stackers at the processing plant. Workers were changing out a Roman Shield on the Saprolite Stacker when the incident occurred. The injured worker and two co-workers unfastened the Roman Shield without first securing it against uncontrolled movement. The Roman Shield rotated backwards and part of it struck the injured worker, pinning him against part of the structure.
FQM Australia Nickel Pty Ltd did not instruct the workers to secure the Roman Shield before unfastening it, warn them of the risk of uncontrolled movement or instruct them to stay clear of the potential line of fire. The Job Hazard Analysis for the task did not include those controls and the allocated supervisor did not directly supervise the work.
WorkSafe Commissioner Sally North said the prosecution highlighted the importance of conducting a thorough risk assessment to identify hazards associated with high-risk tasks and implement effective controls before beginning the work.
“Uncontrolled movement of plant is a well-known hazard that can result in serious injuries,” Ms North said.
“Employers must ensure they identify the risks associated with maintenance tasks and the measures required to control those risks and ensure this is clearly communicated to workers undertaking those tasks.
“In this case, FQM Australia Nickel Pty Ltd could have implemented reasonably practicable measures to ensure the Roman Shield was secure and stable before workers unfastened it and to keep workers out of the line of fire of any uncontrolled movement.
“Effective supervision, task-specific risk assessments and clear work instructions are critical in preventing incidents such as this.”
Following the incident, FQM Australia Nickel Pty Ltd engaged a specialist safety consultant, developed Roman Shield-specific risk assessment procedures and work instructions, introduced more comprehensive Job Hazard Analyses and enhanced training programs for new employees and supervisors. In July 2024, the company placed the Ravensthorpe Nickel Operation into care and maintenance.
WorkSafe is a division of the Department of Local Government, Industry Regulation and Safety (LGIRS). WorkSafe’s website houses guidance, including information on plant, machinery and equipment.