20/12/05 CSR LTD: was convicted and fined $68,000 after pleading guilty to a breach of s19(1). On 25 November 2002, a quarry worker suffered serious injuries while unloading raw materials at the top of a surge stockpile. The edge of the stockpile collapsed and caused the dump truck that the worker was driving to roll backwards down the slope and flip onto its back.
The company failed to ensure that there was an adequate safe operating procedure in place for the unloading of raw materials on the surge stockpile.
09/12/05 GEORGE WESTON FOODS PTY LTD: was convicted and fined a total of $49,000 after pleading guilty to breaches of s19(1). In separate incidents occurring on 10 and 22 September 2003, two workers were injured while operating dough dividing machines. One worker suffered a crush fracture to his left index finger, while the other suffered the partial amputation of his right middle finger.
In relation to the incident on 10 September, the company failed to:
- carry out an adequate hazard identification and risk assessment for the operation of the dough divider; and
- guard the parts of the dough divider with which the worker's hand came into contact.
In relation to the incident on 22 September, the company failed to:
- establish a safe system for cleaning the hopper of the dough divider;
- carry out adequate hazard identification and risk assessment regarding the operation of the dough divider;
- install the interlocked split hopper supplied with the dough divider;
- ensure that use could be made of the interlocked steps built into the dough divider; and
- provide adequate training and supervision in relation to the safe operation of the dough divider.
07/12/05 CONMA INDUSTRIES PTY LTD: was convicted and fined $15,750 after pleading guilty to a breach of s19(1). On 4 May 2004, a worker was injured when his left hand was caught in a power press.
The company failed to:
- ensure that an adequate risk assessment of the guard and interlocking system was undertaken;
- ensure that there was a safe operating procedure for the press;
- ensure that the guard could not be opened while the press was in operation;
- instruct and train the worker in relation to the safe operation of the press; and
- instruct and train the workers who designed, fabricated and installed the guard and interlocking system.
20/10/05 BEST MASONRY BRICKS AND PAVERS PTY LTD: was convicted and fined $35,000 after pleading not guilty to a breach of s19(1). On 30 July 2003, a worker was injured when his hand was caught in the mixer of a tile-making machine.
The company failed to:
- provide and maintain a safe system for clearing the tiling machine;
- carry out a hazard identification and risk assessment for the tiling machine;
- ensure the guard on the mixer of the machine was secured or interlocked;
- ensure the worker was adequately supervised; and
- provide adequate information, instruction and training regarding the safe operation and clearing of the machine.
07/10/05 SELECT AUSTRALASIA PTY LTD: was convicted and fined $12,250 after pleading guilty to a breach of s19(1). On 26 March 2003, a worker placed by Select Australasia with a host employer was injured while clearing a blockage in the roller of a conveyor system.
The company failed to:
- train the worker to operate conveyor systems;
- implement an adequate system of site specific hazard analysis and risk management;
- undertake an adequate hazard analysis and risk assessment of the conveyor system;
- implement an adequate system of checks or audits to ensure the host employer had written, documented and enforced safe operating procedures; and
- implement an adequate system to assess the effectiveness of the training or supervision provided by the host employer.
23/09/05 DISPLAY AND STORAGE SYSTEMS PTY LTD: was convicted and fined $9,000 after pleading guilty to a breach of s19(1). On 7 March 2003, a worker was injured when fingers on his right hand came into contact with the panel saw he was operating.
The company failed to:
- develop and implement a safe operating procedure for use of the panel saw;
- implement a system for assessing the competence of panel saw operators; and
- ensure that the worker was adequately supervised and trained in the safe use of the panel saw.
30/08/05 RAPID METAL DEVELOPMENT (AUSTRALIA) PTY LTD: was convicted and fined $18,000 after pleading guilty to a breach of s19(1). On 16 April 2004, a worker was injured when an unsecured pipe fell from a forklift and struck him on the back of the head.
The company failed to:
- ensure the load was appropriately restrained;
- take reasonable steps to ensure reasonable traffic control;
- ensure the worker was not working in an area where the forklift was likely to travel; and
- ensure the area where the forklift was being operated was clear of obstructions.
26/08/05 KILKEE PTY LTD T/A KILKEE STONEWORKS: was convicted and fined $17,600 after pleading guilty to a breach of s19(1) and r6.6.2(1). On 25 March 2003, a worker lost 50% sight in his right eye when he was struck in the face by a mixture of concrete, water and fibreglass while attempting to clear a blockage in the hose of a cement sprayer.
The company failed to:
- develop and implement a safe operating procedure for clearing blockages;
- ensure the pump connected to the cement sprayer was put into reverse when there was a blockage;
- adequately instruct and train the worker in relation to safe clearing of blockages; and
- notify SafeWork SA of the injury until 8 April 2003.
16/08/05 GEORGE WESTON FOODS LTD: was convicted and fined $19,600 after pleading guilty to a breach of s23A(2) and of s19(1). On 20 May 2004, a worker was injured when a swing type door closed suddenly and caught his right index finger between the door and doorframe.
The company:
- being the owner of the building, failed to ensure that the door was in a condition that allowed people who worked there to be safe; and
- being an employer, failed to provide and maintain a safe system of work.
11/08/05 BROAD CONSTRUCTION SERVICES PTY LTD: was convicted and fined $16,000 after pleading guilty to a breach of s19(1). On 4 June 2003, two apprentice plumbers engaged by a subcontractor were exposed to a risk of injury at a construction site whilst working adjacent to the open stairwell on the first floor of a building.
The company failed to provide and maintain a safe working environment in that the workers were required to work in the vicinity of an opening through which they could fall without adequate protection.
11/08/05 SITA AUSTRALIA PTY LTD: was convicted and fined $14,000 after pleading guilty to a breach of s19(1). On 26 March 2003, a worker attempting to clear a blockage in a conveyor belt while it was operational sustained injuries when his arm and hand were drawn into a roller.
The company failed to:
- develop or implement safe operating procedures for clearing blockages from the rollers;
- undertake adequate hazard analysis or risk assessment of the conveyor system and work on the system;
- ensure adequate inspections of the guarding of nip points;
- implement an adequate system for communicating safety or maintenance issues to the conveyor to the conveyor's owner;
- ensure the worker or supervisors were adequately trained in safe operating procedures for clearing blockages; and
- ensure the worker or supervisors received a site induction from the facility owner.
11/08/05 MITSUBISHI MOTORS AUSTRALIA LTD: was convicted and fined $14,000 after pleading guilty to a breach of s24A(1). On 26 March 2003, a worker employed by a contractor was exposed to unsafe plant owned by Mitsubishi Motors Australia Ltd.
The company failed to:
- undertake an adequate hazard-analysis or risk assessment of the conveyor system;
- ensure that the nip points were appropriately guarded with fixed or interlocking guards;
- undertake adequate inspections to ensure existing guards were in place; and
- implement adequate maintenance systems.
27/07/05 BALCO AUSTRALIA PTY LTD: was convicted and fined $41,250 after pleading guilty to a breach of s19(1). On 13 October 2003, a worker sustained severe leg injuries when the hay press he was attempting to clear became operational.
The company failed to:
- provide a safe system of work for unblocking the slide push-off area of the hay press; and
- ensure that the hay press was adequately guarded to restrict access to dangerous parts.
25/07/05 VAN SCHAIK SOILS AND BARK SUPPLIES PTY LTD: was convicted and fined $14,000 after pleading guilty to a breach of s19(1). On 29 May 2003, a worker was injured when his arm was caught in the conveyor roller of the mobile ranger screen he was cleaning.
The company failed to:
- ensure there was a safe operating procedure for cleaning the mobile ranger screen;
- guard the conveyor of the mobile ranger screen to prevent access to the dangerous parts; and
- instruct, train and supervise the worker in relation to the safe cleaning of the mobile ranger screen.
20/07/05 O.E AND D.R POPE PTY LTD T/A POPE PACKAGING: was convicted and fined $35,000 after pleading guilty to a breach of s19(1). On 4 August 2003, a worker sustained serious injuries to his hand when his glove became caught in the roller of the printer he was operating.
The company failed to:
- ensure that adequate inspections of the printer were undertaken to check that any guarding was in place;
- ensure that the dangerous nip and trap points of the rollers were guarded; and
- instruct the worker in relation to the risks associated with using gloves while operating the printer.
18/07/05 MICHELL AUSTRALIA PTY LTD: was fined $12,000 on 31 January 2005 after pleading guilty to a breach of s19(1), although the Industrial Magistrate declined to order that a conviction be recorded.
An appeal to a Judge of the Industrial Relations Court was upheld on 18 July 2005. The Judge set aside the previous order (that no conviction be recorded) and ordered the recording of a conviction.
On 5 November 2002, an worker was injured when his left hand came into contact with the surface of a moving roller while operating a card machine used to comb wool.
The company failed to adequately guard the dangerous moving parts of the machine.
11/07/05 GOLDEN CHEF AUSTRALIA PTY LTD: was convicted and fined $2,400 after pleading guilty to a breach of r2.13.1(3). On 5 September 2003, Golden Chef Australia failed to provide a suitable ladder or steps for workers' access to a loading dock.
08/07/05 TCB TRANSPORT PTY LTD: was convicted and fined $20,000 after pleading guilty to a breach of s19(1). On 14 October 2003, a worker riding on the tines of an electric reach truck suffered serious injury when the load he was trying to secure shifted and pinned him against the truck.
The company failed to provide:
- an adequate safe operating procedure for unloading delivery vehicles;
- a safe working environment for unloading delivery vehicles;
- proper training and assessment of the reach truck operator;
- proper instruction and training in the dangers of travelling on forklift tines; and
- instruction, training and supervision in the use of safety equipment such as safety straps to secure loads.
20/06/05 LESLIE JAMES RUSSEL: was convicted and fined $2 500 plus costs after pleading guilty to a breach of s21 (1a). On 5 July 2001, Mr Russel was operating a 20 tonne mobile crane when the crane overturned, causing injury to another employee.
Mr Russel failed to take reasonable care to avoid adversely affecting the health and safety of the other employee in that he:
- failed to set up the crane according to the manufacturer's specifications for the load being lifted; and
- operated the crane without using the outriggers to the manufacturer's specification to give the crane a stable base and adequate lifting capacity.
20/6/05 GOLFLANDS MEAT SERVICE PTY LTD t/as Vicmar Feed Lot: was convicted and fined $18 000 plus costs after pleading guilty to a breach of s19 (1). On 30 January 2003, an employee had his lower left arm amputated after becoming entangled in an inadequately guarded rotating power take off (PTO) shaft.
The company failed to:
- provide and maintain a safe system of work in respect of the employee in that it did not have safe operating procedures in place for ensuring the safety guards of the PTO were attached at all times;
- provide and maintain plant in a safe condition in that it failed to adequately guard the dangerous rotating PTO shaft; and
- provide such information, instruction, training and supervision as was reasonably necessary to ensure that the employee was safe from injury and risk to health in that they failed to instruct and train the employee in relation to the safe use of the PTO.
3/6/05 CASTALLOY MANUFACTURING PTY LTD: was convicted and fined $13 000 plus costs after pleading guilty to a breach of s19 (1). On 18 November 2003, an employee injured his right index finger while operating a core-painting machine.
The company failed to:
- carry out a hazard identification and risk assessment in relation to the machine;
- provide safe operating procedures for the machine;
- prevent access to the dangerous moving parts of the machine;
- provide an emergency stop that was immediately accessible to operators of the machine;
- provide an emergency stop device which would bring the machine to a full stop as quickly as possible; and
- provide such information, instruction, training and supervision as was reasonably necessary to ensure that the employee was safe from injury and risks to health.
20/5/05 VINIDEX PTY LTD: was convicted and fined $19 600 plus costs after pleading guilty to a breach of s 22(2). On 10 February 2003, a driver not employed by Vinidex was delivering a load of polyethylene pipe and was injured when a forklift operator caused a coil of the pipe to fall and strike the driver's leg.
The company failed to:
- take reasonable steps to ensure reasonable traffic control at a workplace where vehicles were used;
- ensure there was a safe system for unloading trucks at the workplace; and
- ensure its forklift operator received adequate instruction and training regarding safe unloading of trucks.
18/5/05 SIMS METAL LTD: was convicted and fined $30 000 plus costs after pleading not guilty to breaching s22 (2) and s19 (1). On 13 March 2002, a truck driver not employed by Sims Metal was injured when a bob-cat reversed into him, squashing his left leg against a stationery forklift. An employee in the forklift was also found to be at risk.
The company failed to:
- ensure reasonable traffic control to minimise the danger caused by the movement or use of vehicles at the workplace; and
- ensure there were adequate safe systems of work to minimise the risk caused by moving vehicles, and to ensure any systems were enforced.
5/5/05 ADRAD PTY LTD: was convicted and fined $5 000 plus costs after pleading guilty to a breach of s 19(1). On 31 March 2003, an employee suffered an amputation injury to the tip of his middle finger while operating a guillotine used to make aluminum radiator fins.
The company failed to:
- ensure that the hazardous nip and trap points of the guillotine were adequately guarded; and
- adequately conduct a hazard identification and risk assessment in relation to the safe operation of the guillotine.
30/3/05 MYBUTCHER.COM.AU PTY LTD: was convicted and fined $9 500 after pleading guilty to a breach of s 19(1). On 8 November 2002, an employee suffered amputation injuries to his right hand whilst clearing a blockage from an unguarded mincing machine.
The company failed to:
- ensure that the dangerous moving parts of the mincer were adequately guarded.
11/2/05 COVILLE PTY LTD t/a Central Demolitions: was convicted and fined $16 000 after pleading guilty to a breach of s 19(1). On 13 January 2003, a worker was exposed to the risk of inhalation of asbestos fibre while at work.
The company failed to:
- provide adequate information, instruction training and supervision during the removal of asbestos wall sheeting from a house.
28/1/05 FRAMING WORLD PTY LTD: was convicted and fined $14 500 after pleading guilty to a breach of s19(1) and r 6.6.2. On 22 April 2004 a worker's middle finger was partially amputated and his ring finger severely lacerated by the table saw he was operating.
The company failed to:
- adequately guard the blade of the table saw
- ensure the employee was adequately supervised whilst operating the table saw
- notify an immediately notifiable work related injury
28/1/05 COLLEX PTY LTD: was convicted and fined $17 500 after pleading guilty to a breach of s 24A(1)(a). On 17 May 2002 a worker suffered a crushed and partially severed forearm, when it was caught in the waste compactor he was operating.
The company failed to:
- ensure the interlock system was inoperable and did not prevent the compactor from operating whilst access was available to the dangerous moving parts
- have in place an adequate system to ensure the interlock system was operable.
28/1/05 BJ & CM LEHMANN PTY LTD: was convicted and fined $16 000 after pleading guilty to two breaches of s 19(1). On 27 April 2002 two workers suffered severe acid burns from exposure to a cleaning product containing sulphuric and hydrofluoric acid.
The company failed to:
- ensure the cleaning product used to clean the trailer was safe and appropriate for the purpose for which is was used
- ensure a safe system for using a hazardous substance, namely Jasol Metal Brightener
- ensure there was a safe system for responding to exposure to or contact with a hazardous substance
- ensure the correct MSDS was provided to the worker
- adequately provide information, instruction and training in relation to the dangers and risks associated with the use of Jasol Metal Brightener.
