Industrial manslaughter is real - look out!

Eric Frei · 4th April 2009, 10:40 PM

Poor workmanship was found by a coronial inquest to be the cause of a yacht capsizing killing 4 crew, engineer owner of business charged with 4 counts of manslaughter.

What this means to us tree people is be very aware on what you repair and sell or use, years ago there was a death in WA where a welded up chipper disk failed and killed a bypasser, they traced that repair to a workshop in Brisbane region ... not sure what happened but now it's getting real serious (as you can see with this article).

Excalibur boat builder found guilty of manslaughter | The Daily Telegraph

Quote:

Excalibur boat builder found guilty of manslaughter

By Katelyn John
April 03, 2009 12:00am

BOAT builders are bracing for the repercussions after one of their own was yesterday found guilty of manslaughter over a fatal capsize.

As Applied Alloy Yachts director and engineer, Alex Cittadini supervised the building of the million-dollar yacht Excalibur which sank after hitting rough seas near Seal Rocks in September 2002.

Excalibur's skipper Brian McDermott and crewmate John Rogers survived but Tracy Luke, Ann Maree Pope, Christopher Heyes and Peter McLeod died.

At a 2005 coronial inquest, it was revealed the keel had been cut horizontally and was only held together by "child-like" welding.

Cittadini and his factory foreman Adrian Presland were charged with four counts of manslaughter.

After three days of deliberations, a NSW District Court jury found Cittadini guilty on all four counts.

Presland was acquitted of the same charges on Wednesday after crown prosecutors failed to prove beyond reasonable doubt he was to blame for the "shoddy" work.

But Cittadini either knew about the cut and re-weld, or should have, the jury found.

The boating industry quickly reacted to the verdict.

Chris Ayton, whose Seaspray Stainless Steel Fabrications at Warners Bay specialises in stainless steel keels and rudders, said it could have massive implications for workshop owners.

The possibility of facing a similar situation was scary, even though his work was of high standard, he said.

"It's a bit daunting," he said.

"It sets a precedent and that will have repercussions on things that most people do.

"To an extent we are (worried) but we do the best we can to make sure everything's spot-on here."

Mr Ayton said most boat builders would know that cutting the keel was "definitely a no-no" but there were some cowboys and "backyard builders" in the trade.

He said setting a minimum standard on the work and materials used would be a good step forward.

Sean Freeman · 5th April 2009, 07:28 AM

Work to an established Australian (if you live here) standard, code of practice (or better) and document that and you should be fine.

Jeffrey Lovstrom · 6th April 2009, 05:59 AM

I think I know where you are going with this, but I think you should explain a little more why you started this. Then I think this thread will take off-
Jeff

Jeffrey Lovstrom · 6th April 2009, 06:01 AM

And why the heck am I a "sappling"?
Jeff

Jeff Darby · 6th April 2009, 09:27 AM

Quote:

Originally Posted by jeffswede

And why the heck am I a "sappling"?
Jeff

With only 26 posts Jeff you look like a sappling to me,...LOL..just keep on posting quality posts and you will turn into a big old oak tree one day...LOL. it just a post No thang.

Jeff Darby · 6th April 2009, 09:51 AM

Industrial manslaughter will be with us as we work, from now on, If you do not follow your OHS guide lines, and responsabilities and some one gets hurt your gone! With boat incident it would have been investigated form the top of the control of manufacturing all the way through to how it was finnished off, ultimately responsability comes back to the principle contractor and if he can not show how he executed his responsabilities inline with the relevent standards he's gone

This includes using only certified equipment, with proper redundency scedule for all your equipment, hazard and risk assessement,safe work method statements...etc..etc all properly applied and proven track records of doing so,the days of it'll be allright are drawing to an end.

Allthough they refuse to regulate and license us, they will however prosicute us if we do some thing wrong.

Allthough this incident is from a differant industry it directly relates back to tree workers and their responsabilities.

I agree with the need to make sure we work to proven safe work methods, However I do not agree to no license for our industry, it would put so many idiots out of buiseness and in doing redirect the lost work back to the people that are qualified to do it.

Eric Frei · 6th April 2009, 04:53 PM

Quote:

Originally Posted by jeffswede

I think I know where you are going with this, but I think you should explain a little more why you started this. Then I think this thread will take off-
Jeff

JayD has pretty well nailed it.

I started the thread because they didn't blame the crews life vests, they didn't blame the weather or the skipper etc. They went through the whole thing, and it took almost 7 years, the incident occured in 2002.

The keel was cut horizontally.... and welded together with what welders call "dog shit". Obviously it failed which resulted in the yacht capsizing and 4 people dying. Others say you never cut the keel anyway.

With the chipper incident they welded the cutter wheel up, it broke at the weld, half the wheel cut it's way out of the machine, careered down a hill killing a backhoe operator (that's how I remember the story anyway). How do I know this story, because around 4 years or more ago I got a phone call from an OHS investigator in Perth asking me who I knew with that type of machine and who did repairs, could have been the owner and then flogged it off or a workshop.

Oh, just found the link for the facts!
Wood Chipper Disc Failure Leads to Death - WorkSafe Victoria

It has been known that the shafts of stump grinders have broken, would you weld it up or replace it? Well I'd replace it, welding shafts is deadly, even if you drill and press spigot them with a welded machine chamfer you are running the gauntlet and have to consider the repercussions in the event of failure.

MTS247 · 24th August 2009, 07:05 PM

I believe this is the incident

http://www.commerce.wa.gov.au/WorkSa...k_failures.pdf

5th April 2009, 07:28 AM	#2
Sean Freeman Veteran Heritage Status Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland Posts: 1,981	Re: Industrial manslaughter is real - look out! Work to an established Australian (if you live here) standard, code of practice (or better) and document that and you should be fine.

6th April 2009, 05:59 AM	#3
Jeffrey Lovstrom Mature tree Join Date: Dec 2008 Location: San Diego Posts: 292	Re: Industrial manslaughter is real - look out! I think I know where you are going with this, but I think you should explain a little more why you started this. Then I think this thread will take off- Jeff

6th April 2009, 06:01 AM	#4
Jeffrey Lovstrom Mature tree Join Date: Dec 2008 Location: San Diego Posts: 292	Re: Industrial manslaughter is real - look out! And why the heck am I a "sappling"? Jeff

6th April 2009, 09:51 AM	#6
Jeff Darby Moderator - Previously known as JayD Join Date: Feb 2007 Location: TreeWorld, Sydney Australia Posts: 2,059	Re: Industrial manslaughter is real - look out! Industrial manslaughter will be with us as we work, from now on, If you do not follow your OHS guide lines, and responsabilities and some one gets hurt your gone! With boat incident it would have been investigated form the top of the control of manufacturing all the way through to how it was finnished off, ultimately responsability comes back to the principle contractor and if he can not show how he executed his responsabilities inline with the relevent standards he's gone This includes using only certified equipment, with proper redundency scedule for all your equipment, hazard and risk assessement,safe work method statements...etc..etc all properly applied and proven track records of doing so,the days of it'll be allright are drawing to an end. Allthough they refuse to regulate and license us, they will however prosicute us if we do some thing wrong. Allthough this incident is from a differant industry it directly relates back to tree workers and their responsabilities. I agree with the need to make sure we work to proven safe work methods, However I do not agree to no license for our industry, it would put so many idiots out of buiseness and in doing redirect the lost work back to the people that are qualified to do it. __________________ Member: Australian Tree Association Join the Australian Tree Association...Have your voice heard ! Arboriculture, A life long study for some, a passing phase for others © Jeffrey J Darby 2011

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