In a noteworthy verdict in March 2024, the Geelong Magistrates’ Court imposed a fine of $12,500 without conviction on Bounce Australia Pty Ltd. The company had pleaded guilty to two charges of inadequately ensuring the health and safety of persons other than employees. The trial emphasised the vital role of work safety products such as Bluesafe WHS Management Systems in protecting all individuals where work is being carried out.
The 17th of September witnessed a revision of the earlier ruling by the County Court. Going beyond tripling the early penalty, it demanded Bounce Australia pay a fine of $40,000 without conviction plus $5,557 in costs.
The court was informed about an unfortunate incident in May 2022 involving three friends – an 11-year-old boy among them – at Bounce’s indoor play centre in Grovedale. These young patrons were utilising the climbing wall area, each fitted with an auto-belay system, a core component of which was a retractable cable connected to an automatic friction device located above the wall.
This mechanism highlighted the essential use of a carabiner clipped onto a mat at the platform’s base. To ascend, participants unclipped the carabiner from the mat, connecting it to their harness instead, thereby allowing the mat to rest on the floor. Once they completed their climb, they were expected to reattach the carabiner to the mat for the subsequent user.
After successfully completing two climbs, the boy and one of his pals decided to compete on a racing wall. Overexcitement led to the boy overlooking the fact that the auto-belay was drawn up to the wall’s top. He presumed he was secured due to the base mat positioned on the floor.
On reaching the pinnacle, he triggered the timer and then leapt off, unaware he wasn’t attached to the auto-belay. Consequently, rather than a safe descent, the boy tumbled four metres downward, suffering severe injuries: a fractured sternum and soft tissue damage to his back.
WorkSafe’s probe exposed Bounce’s lack of effective work safety systems to ensure adequate supervision and clear safety rule communication for customers in various areas. The court determined it was practical and essential for Bounce to introduce several safety precautions, including using effective WHS management systems like Bluesafe SWMS.
WorkSafe Executive Director of Health and Safety, Sam Jenkin, emphasised that entrusting high-risk tasks to laypeople, particularly children, without proper supervision or safety orientation, could have disastrous outcomes.
“A pleasurable experience transformed into a nightmare due to inadequate supervision and improper instruction,” Mr. Jenkin said. “Proper client supervision, clear instructions for safe equipment use, and mandatory accompaniment of children by a responsible adult are minor but crucial steps required to manage inherent risks in indoor adventure activities.”
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Original article link: https://www.worksafe.vic.gov.au/news/2024-09/40000-fine-after-child-injured-indoor-play-centre