18/12/2003 SANTOS LIMITED was convicted and fined $105,000 after pleading guilty to 3 counts of s 19.
On 16 June 2001, three employees of Santos Limited were performing routine maintenance work on the liquids pumping station at the Moomba Gas Plant, when an escaping mixture of hydrocarbons ignited. One employee suffered fatal burns and another received burns to his neck and hand. The third employee was not injured.
The company failed to ensure that the 3 employees were:
- adequately supervised to carry out the task
- instructed and trained to activate, if necessary, the emergency shutdowns promptly. (After the escape of hydrocarbons, six minutes lapsed before the emergency shut down system was activated)
28/11/03 ACI OPERATIONS PTY LTD was convicted and fined $22,000 after pleading guilty to a breach of s 19(1).
On 26 October 2001, a worker was injured during the process of transferring shell grit using a pneumatic blower. The hose dislodged and struck the employee on the chest.
The company failed to provide:
- plant in a safe condition by not ensuring the proper maintenance of the lock connection and by not ensuring that the discharge hose was of a safe length - such that 'snaking' would be avoided in the event of a blow out.
21/11/2003 JT JOHNSON PTY LTD was convicted and fined $12,500 after pleading guilty to a breach of s 19(1).
On 20 March 2002, an employee was on an in-feed conveyor operating a hay grinder machine when he fell 3.2 metres from the elevated in-feed conveyor to the ground.
The company failed to provide:
- a safe system of work and safe working environment by allowing access to the top opening of the hay grinder machine and by not providing adequate training and supervision for the employee.
21/11/03 ORBIT PRODUCTS PTY LTD was convicted and fined $7,000 after pleading guilty to a breach of s 19(1).
On 10 July 2002, a worker employed as storeroom manager and machine operator was injured when the tip of his middle finger (right hand) was caught between a piece of sheet metal and a blade on the brake press he was operating.
The company failed to provide:
- plant in a safe condition by not ensuring the light guard and key lock device that enabled the light-guard switch to be turned on and off were operational, and by not replacing the defective gloves in the warning lights on the brake press.
19/11/2003 VIRGIN HILLS PTY LTD was convicted and fined $12,000 after pleading guilty to a breach of s 19(1).
On 8 July 2002, an employee performing maintenance procedures on a syrup blender was injured when the fingers of his left hand were caught between the V-belt and pulley on the syrup pump.
The company failed to provide:
- an appropriate system for the inspection and maintenance of the syrup pump and its associated mechanisms
- a safe system for activating the rotation of the V-belt and pulley in the event of a blockage in the syrup pump.
19/11/03 AUSPINE LTD was convicted and fined $32,000 after pleading guilty to a breach of s 19(1) of the Act.
On 31 March 2003, a worker employed as a mill hand was injured when his left hand was caught between a piece of timber and the rollers of the 'resaw' he was operating.
The company failed to provide:
- plant in a safe condition by not adequately guarding the dangerous moving parts of the 'resaw', by not providing a cover or shroud for the foot pedal.
14/11/03 RONALD CHARLES GIRDLER AND CORALIE MARLENE GIRDLER were convicted and fined a total of $12,000 after pleading not guilty to a charge of S 4, 24A(1)(a) & Schedule 2 of the Act and R 1.1.5(1) & 3.1.2(1), 3.43(1)(2).
On 3 December 2000, an amusement ride known as the 'Sizzler' was operating at a Christmas picnic. While in operation, the shaft detached from the ride, causing a group of four sets of seats to fall to the ground injuring two riders.
They failed to maintain plant in a safe condition.
3/11/03 ROBERT JOHNSON AND RAELEEN JOHNSON were convicted and fined $15,000 after pleading guilty to a breach of s 19(1).
On 8 January 2003, a worker employed as a jointer/cabinet maker was injured when his right hand came into contact with the cutter of the spindle moulder he was operating.
They failed to provide:
- plant in a safe condition in that the cutter was not adequately guarded to prevent access
- a safe system of work
22/10/03 BEMOND PTY LTD was convicted after pleading not guilty to a breach of s 19(1).
On 4 October 2001, a worker employed as a machine operator was injured when operating a five tonne C-frame power press.
The company failed to provide:
- a safe system of work by not ensuring the press and it's associated mechanisms were inspected by a competent person, failing to assess the competence of press operators and failing to provide a safe system of operating the press
- plant in a safe condition by not adequately guarding the dangerous nip points and providing appropriate adjustment to the foot pedal for the press operator
- adequate training and supervision.
5/9/03 DREAMWOOD DESIGNS PTY LTD was convicted and fined $10,000 after pleading guilty to a breach of s. 19(1) of the Act.
On 6 March 2002, a 17 year old workers fingers were severed when they caught in the blade of a panel saw he was using to trim the edge off a piece of wood. The saw was inadequately guarded.
The company failed to:
- instruct and train the employee in the use of the panel saw?s guard, the mechanism for adjusting the guard, and how to use a push-stick; and
- provide a safe system of work due to inadequate safe operating procedures in place for the use of the saw.
9/9/03 CARTON FITTINGS PTY LTD was convicted and fined $4,500 after pleading guilty to a breach of s. 19(1) of the Act.
On 3 December 2002, a factory worker was injured when her right hand became caught in the unguarded rollers of the laminator she was operating. The worker sustained crush injuries to her hand.
The company failed to provide plant in a safe condition in that the laminator rollers were unguarded.
14/8/03 WITTINGSLOW ENTERTAINMENT SERVICES PTY LTD was convicted ex-parte for breaching the Act on 40 counts. Although a fine of $147,500 was determined, an order for payment wasn't made due to the company's insolvency.
On 2 September 2000, Wittingslow Entertainment Services was the owner and operator of an amusement ride, the 'Spin Dragon' at the Royal Adelaide Show. A catastrophic failure of the ride led to the detachment of the carriage from the supporting arms. The carriage dropped to the ground near workers and upon members of the public.
The 40 counts relate to:
- 1 count of s 24A - duties of owners of plant;
- 4 counts of s 19 - duties of employers;
- 33 counts of s 22 - duties of employers and self-employed persons; and
- 2 counts of breaches of regulations.
The company failed to:
- ensure the safety of employees, passengers and spectators;
- maintain plant in a safe condition;
- observe manufacturer's instructions; and
- record operation and maintenance undertaken.
25/8/03 KIMBO PTY LTD was convicted and fined $9,000 after pleading guilty to a breach of s. 19(1) of the Act.
On 9 November 2001, a worker sustained injuries while unloading a pine log treatment cylinder. The front-end loader he had been operating rolled forward, trapping his right leg against the cylinder housing.
The company failed to:
- carry out adequate inspections and maintenance of the brakes of the front-end loader (in particular the park brake);
- ensure inspections and maintenance of the brakes were carried out in accordance with the manufacturer's recommendations; and
- ensure inspections and maintenance of the brakes were carried out by a competent person.
25/8/03 PARKER HANNIFIN (AUSTRALIA) PTY LTD was convicted and fined $20,000 after pleading guilty to a breach of s 19(1) of the Act.
On 21 February 2002, a worker was rolling tyre cord using an industrial lathe when his glove became stuck, pulling his arm around the bobbin. The lathe continued to operate. Several workers attempted to stop the machine but it reactivated a number of times resulting in the worker being pulled further into the machine. The 17-year-old worker suffered two fractures to his right wrist and two fractures to his right forearm.
The company failed to:
- provide plant in a safe condition by the start/stop control devices on the lathe not being clearly marked as to their function and by insufficient provisions in place to prevent unintentional operation of the lathe; and
- adequately maintain a foot control switch in a safe condition by the cable to operate the switch not being easily accessible or adequately tensioned.
27/8/03 ROGASCH WINDOWS PTY LTD was convicted and fined $12,000 after pleading guilty to a breach of s. 19(1) of the Act.
On the 4 October 2002, an aluminium fabricator injured his right index finger in the unguarded nip-point of a power press.
The company failed to:
- maintain plant in a safe condition by not preventing access to the nip points of the power press; and
- provide adequate training and supervision.
2/9/03 WESTLIFT HIRE PTY LTD was convicted and fined $30,000 after pleading guilty to a breach of s. 19(1) of the Act.
On 14 June 2000 an incident occurred when a worker was lifting a section of roof using a crane lift. The combined weight of the roof and lifting equipment was miscalculated and exceeded the safe lifting capacity of the crane. Workers, including the crane operator had to flee to safety as the roof and crane descended. No one was injured.
The company failed to:
- provide a safe working environment;
- ensure the safe operation of the crane by not observing the crane's maximum safe lifting capacity; and
- provide plant in a safe condition by allowing the use of substandard synthetic lifting slings.
30/6/2003 VAMGROW PTY LTD was convicted and fined $8,000 for breaching s 19 (1). On 29 August 2000, a worker was injured when his foot became caught in the rotating shaft of a transverse conveyor.
The company failed to:
- provide a safe system of work;
- provide isolation devices and control measures for dangerous moving parts;
- provide readily accessible emergency stop controls for the conveyors of the recovery system;
- adequately guard moving parts of the recovery system;
- carry out hazard identification and risk assessment for the risk associated with exposure to dangerous moving parts of the recovery system;
- provide adequate training and supervision to ensure that its employees are safe from injury and risks to health.
10/6/2003 GEORGE WESTON FOODS PTY LTD was convicted and fined $16,000 plus costs for breaching s19 (1). In separate incidents occurring in September and December 2001, two workers sustained laceration and crush injuries to their fingers while performing their work.
The company failed to:
- provide a safe system of work;
- ensure safety guards were in place;
- provide adequate training for its employees.
6/6/2003 SDC VILLALTA was convicted and fined $16,000 for breaching s 19(1) and s 22(b). On 12 February 2002, a child ingested an industrial grade cleaning substance that was stored in a drink container and left by cleaners in the child's home.
The employer failed to:
- provide a safe system of work;
- identify the cleaning substance as a hazardous substance;
- provide personal protective equipment and clothing for the safe use and handling of the cleaning substance;
- provide spillage controls for the cleaning substance;
- provide its worker with information from the Material Safety Data Sheet;
- ensure that the container holding the cleaning substance was appropriately labelled and in fit condition to hold the substance;
- provide first aid facilities;
- ensure appropriate controls were utilised for the retrieval of all cleaning products on completion of cleaning duties;
- ensure cleaning products were safely stored when not in use;
- provide adequate training and supervision to ensure the employee was safe from injury and risks to health;
- take reasonable care to avoid adversely affecting the health and safety of other persons through an act or omission at work.
6/6/2003 SW ROBINSON was convicted and fined $18,000 for breaching s 19(1). On 28 March 2001, a worker sustained extensive head injuries and injured his left arm when the split rim tyre he was removing from a tractor exploded.
The company failed to provide:
- a safe system of work;
- safe operating procedures for changing tyres and in particular, split rim tyres;
- a system assessing a worker's competency and experience in changing split rim tyres;
- adequate training for identification and changing of split rim tyres;
- adequate supervision for the worker while he attempted to change the split rim tyre of the tractor.
30/5/2003 FIELDERS STEEL ROOFING PTY LTD was convicted and fined $8,000 for breaching s 19(1). On 26 June 2000, a worker was attempting to remove a down pipe from a press when his fingers were caught in the blades of the press.
The company failed to provide:
- a safe system for removing down pipe from the press;
- a system for assessing the competency of press operators;
- adequate training and supervision to ensure the safety of workers using the press.
7/3/2003 BLADES AUSTRALIA PTY LTD was convicted and fined a total of $36,500 plus costs for breaching S 19 (1) and R 6.6.2 (1) for two incidents, one occurring in December 2000 and the other in June 2001. In separate incidents, two employees sustained crush injuries to their fingers from the operation of power presses.
The company failed to:
- provide a safe system of work;
- ensure that safety guards were installed on the 30 tonne and 60 tonne power presses;
- notify SafeWork SA of a work related injury for the second incident.
31/1/03 BRAMBLES AUSTRALIA LTD (t/a Brambles Industrial Services) was convicted and fined a total $60,000 on four charges for breaches of S 19 (1) and 22 (b). On 28 May 2000, during the unloading process, a transportable house collapsed killing two people. The company failed to provide a workplace safe from injury and risk to health to employees and to take reasonable care to avoid adversely affecting the health and safety of other persons.
17/1/2003 CARTER HOLT HARVEY WOOD PRODUCTS AUSTRALIA PTY LTD was convicted and fined $8,000 plus costs for breaching s 19(1). On 8 August 2000, while attempting to re-activate a conveyor belt that had jammed, an employee injured her foot when it became trapped between the drive roll and the conveyor belt.
The company failed to:
- Ensure the safety of a worker;
- Provide plant in a safe condition (inadequate guarding for the nip point of the drive roll and the conveyor belt).
