Child loader driver banned

A Queensland court has upheld a decision to ban a nine-year-old boy from being allowed to operate a loader truck at his family’s quarry, despite elaborate provisions made to ensure his safety.

The court reaffirmed the decision of Queensland’s chief inspector of mines to forbid Dane Karreman from resuming his regular role as loader truck driver, on the grounds that having him perform the job is both unnecessary and risky in terms of the Mining and Quarrying Safety and Health Act 1999 (Industrial Court of Queensland, 1 February 2010).

Dane had been driving the Caterpillar 980H front end loader since he was seven. The loader is 3.75m high and 9.6m long, and weighs 30 tonnes. It has a bucket capacity of 4 to 6 cubic metres and can travel at up to 40 km/h. The Mt Cotton quarry is owned by his grandfather, and his father is the site senior executive. Dane had received 250 hours’ training, and had operated it for around 500 hours without incident, on occasions up to 10 hours a day.

The case came to the attention of authorities in July 2008 when someone rang the chief inspector of mine’s office to report a boy had been seen driving the dump truck. An inspector of mines was sent to investigate and observed Dane operating the loader on a flat area of the quarry. Dane’s father proposed a set of safety measures – including cordoning off the stockpile area – if Dane could be allowed to continue working.

However the inspector requested Dane not drive the loader, and in December issued a directive under the MQSH Act forbidding Dane to operate until further notice, on the grounds that the measures in place to mitigate the risk were likely to degrade and be unintentionally breached, leaving the risk of injury too high.

Dane’s grandfather sought a statutory review of this directive. The chief inspector of mines backed up his inspector’s decision, leading the family to seek a judicial review.

In the Industrial Court, president D.R. Hall noted the case was novel, and that Dane’s ability to operate the loader was not disputed. What was in question was the nature of the hazard. The family contended the hazard was the operation of the loader, and that they had taken appropriate measures to mitigate the risk. The chief inspector of mines said the hazard was the operation of the loader by a nine-year-old, and the court agreed.

“His role as a loader operator is an unnecessary role and any risk arising therefrom is an unnecessary risk.”

It was noted that the MQSH Act differs from Queensland’s broader health and safety statute, in that it recognises that in mines and quarries the reduction of risk to the “lowest acceptable level” may be the best that can be achieved.

Expert witnesses in child psychology were unable to point to studies dealing with children of this age driving heavy machinery in a mine or quarry. However, the court accepted the consensus that “because of factors such as distraction, impulsiveness and rebelliousness, there was an element of risk in children attempting the activities which are planned for Dane”.

There was also doubt about how he would react in situations such as rollover, fire, or emergencies elsewhere in the quarry.

However, the court did not extend the ban in perpetuity, but only until 1 February next year when it may be reviewed.

This story appeared in Safeguard Update newsletter of 19 April 2010.

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