WorkSafe Queensland prosecution alleges safety failures in Daintree zip line fatality

Workplace Health and Safety Queensland’s prosecution of the Director of Jungle Surfing Canopy Tours has alleged a failure to comply with workplace health and safety regulations over the death of Adelaide man Dean Sanderson zip line in the Daintree Rainforest in October 2019.

In the Cairns Magistrates Court this week, Sheena Mary Walshaw, who could face penalties of up to $300,000 if found guilty, is defending charges of failing to comply with workplace health and safety regulations, exposing a person to risk of death or serious injury, over the incident.

Father-of-three Dean Sanderson fell to his death and his wife Shannon was seriously injured while traversing the zip line at Cape Tribulation.

The couple were in separate harnesses at the time of the fall.

Testimonies in the Court are uncovering what happened in the lead-up to the incident.

Walshaw, a former Director of Keydane Pty Ltd (which traded as Jungle Surfing Canopy Tours), has been accused of failing to prevent exposure to harm.

Allegations cover her involvement in the design of the zip line’s cabling system, what fixtures were chosen, and installation of that cabling system by people unlicensed in advanced rigging.

Engineer Stuart Davis told the Court a calibrated torque wrench - a tool for tightening nuts and bolts using a specific torque - was the tool recommended for wire rope grips, the type of zipline fixture chosen.

The operations manager of the company at the time of the accident, James Aaron Dalzell, told the Court he used a ring spanner and socket wrench to install a cable at the platform from which the deceased later fatally launched from.

During proceedings, Barrister Glen Rice KC, acting on behalf of Workplace Health and Safety Queensland, asked Dalzell if he had used a torque wrench at the time of installation, to which Dalzell replied “no”.

Rice added “was there one on site?"

Dalzell responded "yes."

Rice then asked "did you see anyone else use a torque wrench for this installation?

Dalzell’s response was "no."

However, defence Senior Counsel David Mclure argued the prosecution had failed to establish a causal link to the alleged failure of Walshaw in her workplace health and safety duties.

Mclure stated "the real and commonsense creation of the risk here was because sometime between installation and the end of the charge period, May 1 2019, there is a possibility, (Mr Rice) said, that the nuts on the wire rope grips were not appropriately tightened.

"And to that there is absolutely no evidence."

Mclure also argued a workplace health and safety system had been established and followed by Walshaw, by employing Gallon, who had left Jungle Surfing Canopy Tours by the time the incident occurred.

Mclure said Gallon "had primary responsibility for work health and safety" in his role and Walshaw was "entitled to have confidence in Mr Gallon doing his job properly".

Magistrate Priestly has adjourned his decision, and will decide on the verdict delivery date in the next week.

Under the management of Experience Co the attraction reopened last October with new branding.

Images: Jungle Surfing Canopy Tours's zip line in operation prior to the October 2019 fatality (top) and Dean and Shannon Sanderson (below, credit: Facebook).