Bernald Jackson Ferris suing Bureau Veritas Minerals Pty Ltd and GPC
A man is suing his employer and a major Queensland port operator after claiming he suffered an injury during his general duties.
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A man is suing his former employer and a port operator for a combined total of more than $880,000, claiming he sustained an injury while working at a major Queensland port.
Bernald Jackson Ferris, 42, has launched legal action against Bureau Veritas Minerals Pty Ltd and Gladstone Ports Corporation after he allegedly sustained a back injury while working as a lab/preparation technician at the RG Tanna Coal terminal in Gladstone.
Mr Ferris was employed by Bureau Veritas Minerals Pty Ltd, with GPC the owner of the coal terminal.
According to the statement of claim Ferris was going about his usual duties while working on November 26, 2019.
Those duties included moving a partially filled 44 gallon drum out from underneath a sampling chute at sample plant three.
According to the statement, the drum weighed about 60kg.
According to the document, about 8pm that night Mr Ferris pulled the drum out from under the sampling chute by placing his hands on top of it and pulling it towards himself.
Mr Ferris then claims he then twisted to lean drum onto its edge so it could be rolled clear of the sampling chute.
He claims during the performance of that manoeuvre he sustained a lower back injury.
The claim document states Ferris sustained an injury to the soft tissues of his lumbar spine including a protrusion of the L5/S1 disc, a permanent aggravation of pre-existing degeneration in his lumbar spine and developed an adjustment disorder with “depressive mood”.
The chute dispensed coal from a conveyor belt in to the drums, with drums requiring to be moved several times in a shift.
A gantry crane, which had a clamp device to connect to the drums, could be used to move the drums onto a ute before being transported.
According to the statement of claim, Ferris could not safely use the gantry crane to move the drum because it could not be directly put under the chute to move the item.
Mr Ferris also claims he couldn’t use the crane because get caught on or damage the PVC end of the chute and clamping device had only two points of contact with the drum.
According to the claim document, the application of “sideways force” could have caused the clamping device to slip off the rim of the drum and imperfections in the rim could have caused the clamp to slip off also.
It was for those reasons Mr Ferris opted to manually pull the drum out from the chute so the crane could sit centrally above it.
The statement of claim says at all material times risk existed to workers sustaining injuries by manually moving the drums.
Mr Ferris claims that a “reasonable person” in the position of the first defendant (Bureau Vista) would have taken precautions including a risk assessment, providing suitable tools such as a dump pick up trolley to move the drums, providing a clamp device with four or more points of contact with the rim of the drum, directing and instructing workers not to attempt moving the drums manually and warning them of injury.
Mr Ferris further claims a “reasonable person” in the position of GPC would have taken precautions including installing a rail system to allow the drums to be slid in and out from under the chute, providing suitable tools such as a dump pick up trolley to move the drums, providing a clamp device with four or more points of contact with the rim of the drum, directing and instructing workers not to attempt moving the drums manually and warning them of injury
Mr Ferris claims Bureau Veritas and GPC did not take any of those precautions and were in breach of their duty of care.
According to the statement of claim, as a result of the incident, Mr Ferris has suffered pain, loss of function and the loss of enjoyment of the amenities of life and lost income from employment.
Mr Ferris further claims he has suffered a diminution of his earning capacity which will be a “productive financial loss in the future” and will incur future expenses relevant to treatment, rehabilitation and pharmaceutical expenses.
A defence has not yet been filed.
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Originally published as Bernald Jackson Ferris suing Bureau Veritas Minerals Pty Ltd and GPC
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