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OHSW - 1991

25/1/91 QUAL-CHEM BUILDING SERVICES PTY LTD, was convicted and fined $40,000 plus $86 costs for a breach on Section 19(1). A worker received serious injuries when he fell approximately 6 metres through a fragile asbestos roof on the first day of his employment, while cleaning the roof at the premises of Le Cornu, Mile End on 1st August 1990.

1/2/91 HELMUT HORST KOEGST (A FITTER & TURNER), was convicted and fined $500 plus $784 costs for a breach of Section 21(1)(b), for operating a mobile crane in an unsafe manner. A worker received serious injuries when a load that was being dragged by a tractor crane, fell on him at Simsmetal Limited, Gillman on 15th October 1989.

6/2/91 PIPEMECH SERVICES PTY LTD, was convicted and fined $15,000 plus $246 costs for a breach of Section 19(1). A worker received fractured ankles when he slipped and fell while descending a synthetic rope form the top of a 9 metre high tank at the premises of Mitsubishi, Tonsley Park on 5th December 1989. Defendant appealed against severity of sentence. (See 26/6/91).

6/2/91 VINCENT PEAD (AN OPERATIONS MANAGER/SUPERVISOR), with Pipemech Services Pty Ltd was convicted and fined $200 plus $66 costs for a breach of Section 21(1)(b), for failing to effectively supervise a worker. The worker received fractured ankles when he slipped and fell while descending a synthetic rope from the top of a 9 metre high tank at the premises of Mitsubishi, Tonsley Park on 5th December 1989.

20/2/91 PETER MARTIN HARTUNG trading as "OLD TIME FURNITURE CO", was convicted and fined $1,200 plus $60 costs for a breach of Section 19(1). A worker received lacerations to his hand while operating an ineffectively guarded circular saw on 18th November 1989. In relation to a breach of Regulation 4 of the Notification of Work Related Injuries, etc Regulations, a conviction without penalty was recorded, however the defendant was ordered to pay $20.00 levy.

12/3/91 BROKEN HILL ASSOCIATED SMELTERS PTY LTD (BHAS), was convicted and fined $10,000 plus costs (to be determined) for a breach of Section 19(1). A worker lost the sight of an eye when a lime mixture splashed in his eye on 3rd June 1988. Defendant appealed against conviction and penalty. (see 16/10/91 and 4/12/91).

20/3/91 MOINALWAR PTY LTD, was convicted and fined $2,000 plus $90 costs for a breach of Section 19(1). A worker lost the little finger of his left hand and suffered lacerations to the other 3 fingers when he tripped and his hand became trapped in an unguarded chain and sprocket drive of a potato harvesting machine on 30th April 1990.

20/3/91 EMPAK HOMES PTY LTD, was convicted and fined $9,000 plus $86 costs for a breach of Section 19(1). A worker had his left hand severed at the wrist whilst operating an ineffectively guarded radial arm saw on 3rd February 1990.

20/3/91 ABLE BLASTING CONTRACTORS (SA) PTY LTD, was convicted and fined $16,000 plus $90 costs for a breach of Section 19(1). A worker had portion of his left foot amputated when a fork-lift truck he was operating tipped over during a dual lift of some 10 ton on 15th January 1990.

11/4/91 SIMSMETAL LTD, was convicted and fined $20,000 plus $504 costs for a breach of Section 19(1). A worker died after falling some eleven metres from an unguarded platform measuring 700mm x 1070mm on an overhead gantry crane on 5th May 1990.

26/6/91 PIPEMECH SERVICES PTY LTD, (see 6/2/91) had an appeal against a manifestly excessive penalty dismissed. A further cost of $150.00 was imposed on the company.

28/6/91 MENZEL PLASTIC TRADERS PTY LTD, (see 14/12/90) had an appeal against conviction and penalty dismissed. A further cost of $150.00 was imposed on the company.

21/8/91 AUNGER PLASTICS PTY LTD, was convicted and fined $3,500 plus $90 costs for a breach of Section 19(1). A worker received a fractured left arm and burns when his arm became trapped in the moving parts of a Vacuum Former Machine on 22 November 1990.

21/8/91 THERMAL CONTROL INDUSTRIES PTY LTD, was convicted and fined $2,750 plus $90 costs for a breach of Section 19(1). A worker received laceration injuries to his left hand when it became trapped between the dies of an unguarded brake press on 7 May 1990.

21/8/91 DAVID ARTHUR BUCK (the responsible officer pursuant to Section 61), of Thermal Control Industries Pty Ltd, was convicted and fined $2,750 plus $20 costs for a breach of Section 19(1). A worker received laceration injuries to his left hand when it became trapped between the dies of an unguarded brake press on 7 May 1990.

21/8/91 BILL RUSSO, trading as "STAR AUTO WRECKERS", was convicted and fined $2,000 plus $90 costs for a breach of Section 39. Failure to comply with an Improvement Notice on 29 June 1990.

22/8/91 ROBERT MINNICAN, (see 5/12/90) had his appeal against conviction and penalty dismissed. A further cost of $150 was awarded against the defendant.

5/9/91 FRANK RUSSO, was convicted and fined $400 plus $200 counsel fee plus $70 costs for a breach of Regulation 5 of the Construction Safety Regulations. Failure to give notice of construction work on 18 December 1989.

13/9/91 DAVID KEITH DUNN (A SUPERVISOR), was convicted and fined a total of $1,300 plus $1,000 counsel fee plus $202 costs for seven (7) breaches of Section 21(1)(b). Failure to take reasonable care to avoid adversely affecting the health and safety of seven (7) other persons at work. The seven workers were working on an unprotected platform some 70 feet high on 26 & 27 July 1990.

16/10/91 BROKEN HILL ASSOCIATED SMELTERS PTY LTD (BHAS), appeal against conviction and penalty. The Full Bench of The Industrial Court reserved their decision until a date to be advised (see 12/3/91 and 4/12/91).

17/10/91 COLIN LEONARD TROTTER (A LEADING HAND), was convicted and fined $450 plus $90 costs for a breach of Section 21(1)(b). Failure to take reasonable care to avoid adversely affecting the health and safety of another person at work. A worker was directed to use the tines of a fork-lift as means of egress and fell suffering injuries on 26 September 1990.

23/10/91 VISY BOARD PTY LTD, was convicted and fined $1,000 plus $90 costs for a breach of Section 19(1). Worker received crush injuries to his right arm when it became trapped in the rotating parts of a printing press on 9 March 1990.

20/11/91 KILIC MECHANICAL SERVICES PTY LTD, was convicted and fined $6,000 plus $90 costs for a breach of Section 19(1). Overhead plant under construction fell and struck a worker on 6 September 1989.

20/11/91 BRIDGESTONE AUSTRALIA LTD, was convicted and fined $3,000 plus $90 costs for a breach of Section 19(1). Worker received amputation injuries to the tips of two fingers when his left hand became trapped in the dangerous parts of a carousel type moulding machine on 3 August 1990.

20/11/91 ADELAIDE RADIATOR SUPPLIES PTY LTD, was convicted and fined $3,500 plus $90 costs for a breach of Section 19(1). Worker received crush injuries to four fingers of his right hand while operating a Heine power press on 16 May 1991.

4/12/91 BROKEN HILL ASSOCIATED SMELTERS PTY LTD (BHAS), (see 12/3/91 and 16/10/91) appeal against conviction was upheld by majority decision (2:1). Costs were awarded against the Department.

18/12/91 ATCO STRUCTURES PTY LTD, was convicted and fined $4,000 plus $90 costs for a breach of Section 19(1). Worker received amputation injuries to portion of fingers of his left hand when it became trapped in the unguarded parts of a Sheet Metal Rolling Machine on 24 April 1990.

18/12/91 GARY ROPER, trading as "10 SPEED CITY COURIERS", was convicted and fined $150 plus $93 costs for a breach of Section 38(8)(b). Failure to answer questions to the best of his knowledge, information and belief on 8 August 1990.

18/12/91 AUSTRALIAN AUTOGAS CONVERSION PTY LTD, was convicted and fined $750 plus $93 costs for a breach of Section 19(1). Worker received burns when gas vapour in a motor car boot ignited on 1 March 1991.

18/12/91 ROSS LIGHTING (AUSTRALIA) PTY LTD, was convicted and fined $3,200 plus $160 Counsel fee plus $70 costs for a breach of Section 19(1). Worker suffered amputation injury to a finger on his right hand when it became trapped between the dies of a pneumatic punching press on 23 April 1991.

 

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