21/2/96 CAPRICE FURNITURE PTY LTD, was convicted and fined $7,500 plus court costs of $129 for a breach of Section 19(1). An 18 year old male employee suffered amputation and laceration injuries to portions of fingers of his left hand while operating an unguarded bench saw on 8 September 1994.
24/4/96 BRL HARDY LTD, trading as "LEASINGHAM WINES", was convicted and fined $10,000 plus court costs of $129 for a breach of Section 19(1). A 58 year old male who worked on a part-time casual basis as a cleaner/gardener or handyman suffered injuries consisting of fractured ribs, collapsed lung, bruising to the lower back and arm and pinched nerves in his right leg, when he stepped onto and fell through a corrugated skylight that had been painted the same colour as the corrugated iron roofing on 28 September 1994.
24/4/96 HARCON INDUSTRIES PTY LTD, was convicted and fined $12,000 plus court costs of $129 for a breach of Section 19(1). A 55 year old female press operator received partial amputation injuries to four fingers of her right hand when it became trapped between the dies of an ineffectively guarded 17 tonne power press on 21 October 1994.
9/5/96 A LUKIN NOMINEES PTY LTD, was convicted and fined $15,500 plus court costs of $94 and counsel fees of $4,500 for a breach of Section 19(1). A fisherman of some 20 years experience drowned when he fell overboard from a dingy in which he was working alone at night and not wearing a life jacket. At the time, the "mother ship" was attempting to lay out a net of about 350 metres length, in a circle of about 110 metres diameter on 21 February 1994.
22/5/96 B & R ENCLOSURES PTY LTD was convicted and fined $19,000 plus $124 costs for a breach of Section 19(1). This was a second conviction for the defendant company (see 16/6/93). A worker suffered injuries to 3 fingers of his right hand while operating a power press that was not effectively guarded on 11 September 1995.
7/8/96 ALLIED ENGINEERING PTY LTD was convicted and fined $9,000 plus $94 costs, plus $1,230 witnesses expenses for a breach of Section 19(1). A worker suffered serious injuries consisting of two broken arms, seven broken ribs, a fractured shoulder, his spleen and a kidney removed and a lung punctured when he fell some 19 metres through a skylight onto a concrete floor at premises of SACBH. (He was wearing a safety harness and three lanyards joined end to end to give a combined length of some 21.8 metres). He was not effectively supervised on 2 August 1993.
10/10/96 ADELAIDE TOOLING PTY LTD, (see 25/10/95) The complainant?s appeal to a single Judge against the non-conviction was allowed by Senior Judge Jennings. He ordered the sentence of the Industrial Magistrate will be set aside. In lieu thereof, he ordered there will be a conviction and a fine of $5,000.
11/10/96 SOFTWOOD HOLDINGS LTD, (see 10/9/93, 16/2/95, 10/3/95 and 24/11/95) Defendant has appealed to the Full Bench of the Supreme Court against the decision of the Full Industrial Court to uphold the conviction. (see 14/11/96)
31/10/96 DARYL JOHN WHITEHEAD, MAUREEN ANNE WHITEHEAD, KENNETH ANDREW WHITEHEAD and SHARON ELIZABETH WHITEHEAD, (partners) trading as "WHITEHEAD?S TIMBER SUPPLY" were each convicted and fined $1,750 plus $103.44 costs for a breach of Section 19(1). A worker suffered partial amputation to his fingers and right hand while operating a "Brewer 8214, Multi-Rip Saw" that was not effectively guarded on 13 December 1994.
14/11/96 SOFTWOOD HOLDINGS LTD, (see 10/9/93, 16/2/95, 10/3/95, 24/11/95 and 11/10/96) appeal to the Full Bench of the Supreme Court against the decision of the Full Industrial Court to uphold the conviction and penalty was unanimously dismissed.
20/11/96 GREEN WELDING SPECIALISTS PTY LTD, was convicted and fined $3,000 plus $159.75 costs for a breach of Section 19(1), plus a conviction and fine of $1,000 plus $25 costs for a breach of Section 22(b). A worker received minor injuries and another person who was not an employee employed or engaged by the defendant received injuries when a fuel tank exploded when a welding operation commenced on it on 29 July 1995. Evidence was led that the workers were told by the owner of the tank that the tank was a diesel fuel tank, however tests revealed that the contents were a mixture of highly volatile substances. It was a fuel commonly known as "FUNNY FUEL" and was purchased from a Victorian fuel distribution company several days before the explosion.
