OHSW - 1990

10/1/90 PENFOLDS WINES PTY LTD, was convicted and fined $2,500 plus $80 costs for a breach of Section 19(1). Worker's arm caught in unguarded rotating screen, on 28/3/89.

24/1/90 TIP TOP DRY CLEANING PTY LTD, was convicted and fined $1,000 plus $160 costs for failing to report (5) accidents where employees suffered injury and were away from work for 3 days or more. Breaches of Regulation 4, Notification of Work- Related Injuries, Accidents and Dangerous Occurrences Regulations.

24/1/90 BATTICOR PTY LTD, was convicted and fined $2,000 plus $80 costs for a breach of Section 19(1). Worker received burn injuries to right hand when it became trapped between the hot jaws of a heat sealing machine, on 28/6/88.

21/2/90 AUSTRALIAN MINERAL FERTILISERS PTY LTD, was convicted and fined $5,000 plus $80 costs for a breach of Section 19(1). Worker's arm caught in unguarded nip point on conveyor belt, on 8/6/89.

21/2/90 JARRETT INDUSTRIES PTY LTD, was convicted and fined $2,500 plus $80 costs for a breach of Section 19(1). Allowing power press to operate while not complying with Regulations, on 5/5/89.

8/3/90 ARROWCREST GROUP PTY LTD, was convicted and fined $2,000 plus $943 costs for a breach of Section 19(1). Worker sustained lacerations to fingers on an ineffectively guarded bandsaw, on 24/4/89. Defendant appealed against severity of sentence. (See 24/8/90, 12/10/90 & 11/12/90).

21/3/90 SHANDON ENGINEERING PTY LTD, was convicted and fined $2,500 plus $80 costs for a breach of Section 19(1). Worker lacerated finger on combination saw/planer, on 21/6/89.

21/3/90 DUNNINGS ENGINEERING SERVICES PTY LTD, was convicted and fined $3,000 plus $80 costs for a breach of Section 19(1). Worker sustained crush injuries to fingers on an ineffectively guarded power press, on 18/3/89.

5/4/90 ELTRAK INTERNATIONAL PTY LTD, was convicted and fined $5,000 plus $460 costs for a breach of Section 19(1). Worker sustained amputation injuries to fingers on an ineffectively guarded power press, on 9/1/89.

18/4/90 THE PACKING SHED PTY LTD, was convicted and fined $2,500 plus $80 costs for a breach of Section 19(1). Worker received amputation injury to tip of finger on a lolly forming machine, on 10/10/89.

18/4/90 WEIN VALLEY ESTATES PTY LTD, was convicted and fined $10,000 plus $80 costs for a breach of Section 19(1). Worker sustained injuries when he fell through an unguarded translucent sheet while cleaning a roof, on 11/1/90.

22/5/90 SIMPSONS LTD, was convicted and fined $1,800 plus $465 costs for a breach of Section 19(1). Worker's hand became caught in an unguarded sand mixing machine on 17/11/88.

30/5/90 SAN REMO MACARONI PTY LTD, was convicted and fined $4,000 plus $60 costs for a breach of Section 19(1). Worker received severe lacerations to his hand when it became caught in an unguarded spaghetti machine on 13/8/88.

22/8/90 ELLENDALE PTY LTD, was convicted and fined $3,000 plus $80 costs for a breach of Section 19(1). Worker received an amputation injury to a finger when it became trapped in an ineffectively guarded power press on 12/12/89.

22/8/90 D W CONSIDINE & SONS PTY, Ltd was convicted and fined $2,500 plus $80 costs for a breach of Section 19(1). Worker received an amputation injury to portion of a finger plus crush injuries to two adjacent fingers when they became trapped in an unguarded chain and sprocket on a nut tapping machine on 13/6/89.

24/8/90 LE CORNU FURNITURE & CARPET CENTRE PTY LTD, was convicted and fined $15,000 plus $3,060 costs for a breach of Section 19(1). A worker died after falling through a corrugated asbestos roof on 12/12/88.

24/8/90 ARROWCREST GROUP PTY LTD, (see 8/3/90) had an appeal against conviction dismissed. A further cost of $150.00 was awarded against the defendant company.

26/9/90 MCDONALD BRUSHWARE LTD, was convicted and fined $2,500 plus $83 costs for a breach of Section 19(1). Worker received injuries to finger tips while operating a brush making machine, on 20/10/89.

26/9/90 LINDSAY JOHN BLUNDEN (A MOBILE CRANE OPERATOR), was convicted and fined $125 plus $83 costs for a breach of Section 21(1)(b) for permitting a worker to be suspended from a sling on a crane hook, on 2/12/89.

26/9/90 NICK KOULIOUBAS (A SELF EMPLOYED ELECTRICIAN), was convicted and fined $1,250 plus $83 costs for a breach of Section 22(a) and $250 plus $20 costs for a breach of Regulation 150a Construction Safety Regulations. Failed to protect own safety and failed to use an ELCB, on 23/1/90.

26/9/90 SIMSMETAL LTD, was convicted and fined $4,000 plus $63 costs for a breach of Section 19(1) and $500 plus $20 costs for a breach of Regulation 5 Construction Safety Regulations. Worker received injuries when a beam fell on him from a mobile crane hook as the beam was being dragged along the ground. The company also failed to notify construction work, on 15/10/89.

12/10/90 ARROWCREST GROUP PTY LTD, (see 8/3/90 & 24/8/90) gave notice of appeal to the FULL COURT against the decision of His Honour Judge Lee.

24/10/90 ARIKI PTY LTD, was convicted and fined $2,000 plus $73 for a breach of Section 19(1). Worker received amputation injuries to the tips of 4 fingers of his right hand while operating an unguarded power press on 30th October 1989. It was established that the worker was under the direction of a leading hand/supervisor at the time.

24/10/90 ANDREW MILLSOM (A LEADING HAND/SUPERVISOR), was convicted and fined $150 plus $73 costs for a breach of Section 21(1)(b). Millsom admitted directing a worker to use an unguarded power press, resulting in the amputation to the tips of 4 fingers of the workers right hand on 30th October 1989.

24/10/90 ALPHI PTY LTD trading as "GOOD TASTE BAKERY", was convicted and fined $2,000 plus $63 costs for a breach of Section 19(1). Worker received lacerations to her hand when it became trapped in an ineffectively guarded "dough break" machine on 26th September 1989. The company were also fined $200 plus $83 costs for failure to give notification of the accident.

24/10/90 ALAN JOHN MURPHY, (A COMPANY DIRECTOR), was convicted and fined $1,500 plus $63 costs for a breach of Section 61(1). The Director directed a worker to operate a "dough break" machine contrary to the verbal directions given by an Inspector, resulting in lacerations to the workers hand, on 26th September 1989.

21/11/90 PETER ENGELS AND LYNETTE ENGELS trading as "ALL PURPOSE EXCAVATORS", were each convicted of a breach of Regulation 222 of the Construction Safety Regulations for removing asbestos sheeting in excess of 200 square metres while not being the holder of an asbestos removal licence on 1st March 1990. LYNETTE ENGELS was convicted without penalty but had the $20 levy imposed. PETER ENGELS was convicted and fined $500 plus $486 costs.

5/12/90 ROBERT MINNICAN (A RIGGER), was convicted and fined $100 plus $466 costs for a breach of Section 21(1)(a). Minnican admitted riding the sling on the hook of a mobile crane on 2nd December 1989. Defendant appealed against conviction and penalty. (See 22/8/91).

11/12/90 ARROWCREST GROUP PTY LTD, (see 8/3/90, 24/8/90 and 12/10/90) sought leave to withdraw an appeal to the FULL COURT. The withdrawal was granted by consent, with a further cost of $890.00 being awarded against the defendant company.

12/12/90 CRAIG TELFORD AND ROBYN TELFORD trading as "CHICKEN ACE", were each convicted and fined $2,500 plus $53 costs for a breach of Section 19(1). Worker received amputation injury to a finger while operating an unguarded mincing machine at Mt Gambier on 1st May 1990.

14/12/90 MENZEL PLASTIC TRADERS PTY LTD, was convicted and fined $6,000 plus $1,360.90 costs for a breach of Section 19(1). Worker received burn injuries when a tank he was spark testing, erupted at the premises of Underdale Metal Processors Pty Ltd on 25th January 1989. Defendant appealed against conviction and penalty. (See 28/6/91).

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