OHSW - 1997

22/01/97 ALAN VINH BA LUONG and ROSA LUONG, trading as "Berri Canton Palace, Chinese Restaurant", were each convicted and fined $1,750 plus $149.50 costs for a breach of Section 19(1). A worker received crush and laceration injuries to his left hand resulting in amputations at the first joint to three of the fingers when he slipped and his hand went into a "John Bryant Meat Mincer" that was not effectively guarded on 23 December 1994. The Magistrate allowed 18 months for each defendant to pay his or her respective total sums of $1,899.50. In default of payment within the required time, His Honor ordered 40 days imprisonment in respect of each defendant.

20/2/97 KYM IVAN TURNER (A CLEANER), was convicted and fined $250 plus $156 costs for a breach of Section 21(1)(a), plus a further conviction and fine of $450 plus $28 costs for a breach of Section 21(1)(b). The defendant permitted another person (a minor) to travel on and drive and steer the forklift which was designed to carry one person only, the defendant also operated the forklift in a dangerous manner. The forklift eventually collided with a metal roof support pole causing serious injuries to the defendant only on 12 April 96.

27/2/97 SILVERTON TRANSPORT AND AGENCY PTY LTD: was convicted and fined $2,000 for a breach of Section 19 (1). An employee was injured when an explosion occurred in a compartment of a petroleum distribution vehicle being used for retrieval of contaminated heating oil.

28/2/97 CAN RECYCLING (SA) PTY LTD trading as "Statewide Recycling", was convicted and fined $4,500 plus costs totaling $2,921 for a breach of Section 19(1). A worker suffered injuries when a cage in which he was travelling slipped off the tines of a forklift truck on 26 September 1994. The Magistrate allowed 2 months for the defendant to pay the total sum of $7,421. In default of payment within the required time, His Honor ordered a warrant to issue for the seizure and sale of goods.

21/5/97 VITA PACIFIC PTY LTD, was convicted and fined $15,000 plus costs totaling $299 for a breach of Section 19. A 35 year old upholsterer received multiple injuries to his left forearm and hand while operating a "Resta" shredding machine on 31 January 1996. The Magistrate allowed 2 months for the defendant to pay the costs.

20/6/97 WEST COAST DIVING SERVICES PTY LTD, was convicted and fined $35,000 plus costs $11,026 for 2 breaches of Section 19 (1) plus a further conviction without penalty of 2 breaches of Section 39. A 35 year old diver drowned while cleaning underwater pump chambers. The air hose had come into contact with the hot exhaust cover of the pump?s motor. The magistrate allowed 18 months to pay, with liberty to apply to the Registrar. In the event of default there will be a warrant order for the issue for the seizure or sale of goods or land.

20/6/97 IAN RAYMOND HOFFMAN, was convicted and fined $10,000 plus costs $3,205.00 for 2 breaches of Section 39 plus convicted without penalty for 2 breaches of Section 19 (1) A 35 year old diver drowned while cleaning underwater pump chambers. The air hose had come into contact with the hot exhaust cover of the pump?s motor. The magistrate allowed 18 months to pay, with liberty to apply to the Registrar. In the event of default, 265 days of imprisonment is prescribed

5/11/97 HILLS INDUSTRIES PTY LTD, was convicted and fined $9,000 plus costs of $201. A male worker on the 17th February 1997 was using a heine 204a power press when the press ram descended and crushed and severed his right index finger to the first knuckle. The magistrate allowed 14 days to pay, in default His Honor ordered the sale of goods up the value of the fines, fees and levies.

19/11/97 ORLANDO WYNDHAM GROUP PTY LTD, was convicted on two counts and fined $11,000 plus costs totaling $272 for two counts of Section 19. The employer failed to provide and maintain so far as was reasonably practicable plant and equipment in a safe condition. A 51 year old casual fork lift operator received extensive injuries to his foot when it was caught operating a screw conveyor on 2 May 1996. The magistrate granted one month to pay, in default His Honor ordered the sale of goods up to this amount.

1/12/97 SOFTWOOD HOLDINGS LTD: conviction recorded, an appeal was lodged with a cross appeal against the fine, ($45,000) this was overturned and the fine was increased to $65,000 plus $20,000 compensation payable to relatives. A breach of Section 19 when a male worker was killed

17/12/97 BRIDGESTONE AUSTRALIA LTD was convicted and fined $11,000 plus costs totaling $272.00 for a breach of Section 19 (1) when they failed to provide a safe working environment and failed to provide plant in a safe condition. A male employee on the 14th February 1996 had the fingers of his right hand caught between the junction of two conveyors.

Related Information

Legislation