29/11/04 HOBART PORTS CORPORATION PTY LTD: was convicted and fined $10,000 after pleading guilty to two breaches of s 19(1). On 13 March 2002 two workers were exposed to a fumigant and suffered chemical poisoning, whilst handling and cutting fumigated timber.
The company failed to:
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put in place policies and safe operating procedures in relation to the safe handling of fumigated timber
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ensure a safe system was in place when taking possession of fumigated timber from the supplier
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provide appropriate personal protective equipment to allow for the safe handling of fumigated timber
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provide a suitable secure enclosure or compound for the fumigation of timber and the prevention of unauthorized or uncontrolled access to that timber
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provide adequate information, instruction and training to both its employees and supervisors
4/11/04 AIR INTERNATIONAL PTY LTD: was convicted and fined $14,000 after pleading guilty to a breach of s 19(1). On 10 September 2002 a worker sustained injuries to his right index finger when it was crushed between the 300 tonne power press and the top plate of the power press he was operating.
The company failed to:
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develop and implement a safe operating procedure for the power press
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ensure that adequate inspections of the guards of the press were undertaken
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prevent access to the hazardous area of the press
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safely fix the conveyor belt feeding into the press
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provide adequate training and supervision
1/11/04 AHRENS ENGINEERING PTY LTD: was convicted and fined $5,000 after pleading guilty to a breach of s 19(1). On 19 March 2002 a worker's left index finger was amputated while he was using a guillotine that was not adequately guarded.
The company failed to:
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adequately guard the nip/trap point under the horizontal clamping bar
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provide adequate instruction or supervision to ensure that the worker refrained from using the guillotine, when he was not trained in its safe use
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provide safe operating procedures in the use of the guillotine
29/10/04 KERRS CREEK PTY LTD: was convicted and fined $17,500 after pleading guilty to a breach of s 19(1). On 17 May 2002, a worker suffered a crushed and partially severed forearm when it was caught in the waste compactor he was operating as part of his duties.
The company failed to:
21/10/04 CAVILL POWER PRODUCTS PTY LTD: was convicted and fined $15,000 after pleading guilty to a breach of s 19(1). On 28 February 2003, a worker was seriously burned when solvent vapours ignited while he was attempting to steam clean an engine as part of his duties.
The company failed to provide and maintain a safe working environment in that:
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potential sources of ignition were not kept a safe distance from flammable substances being used by the worker in the workshop
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legible hazardous substances labelling was not attached to solvent baths and the jerry can used for transporting BP Solvent 13
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it failed to ensure that the worker received instruction on handling dangerous substances, in particular BP solvent 13
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it failed to ensure that the worker read and understood the applicable Material Safety Data Sheets
22/9/04 - CONSOLIDATED PLANT PTY LTD: was convicted and fined
$6 000 after pleading guilty to a breach of s 19(1). On 5 July 2001 a worker's leg was crushed when a 20 tonne mobile crane being operated by a driver overturned.
The company failed to:
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carry out a job safety analysis for the task, including conducting a risk assessment of the site and the loads to be lifted
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ensure the crane driver received adequate instruction on carrying out the task safely
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supervise the worker
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ensure the worker received a site induction
22/9/04 - SHEETMETAL AUSTRALIA PTY LTD: was convicted and fined $7 000 after pleading guilty to a breach of s 19(1). On 14 March 2003 a worker was injured when his left index finger was impacted by the punch of the power press he was operating.
The company failed to:
27/8/04 - ADELAIDE GEOTECHNICS LTD: was convicted and fined $12 000 after pleading guilty to a breach of s 19(1). On 26 June 2003 a worker's finger was almost completely severed when his glove was caught in the blade of the circular saw he was using to cut a load of wood.
The company failed to:
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guard the saw adequately
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provide appropriate emergency stop features on the machine in question
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provide information, instruction, training and supervision for the worker
27/8/04 - KORVEST LTD: was convicted and fined $18 000 after pleading guilty to a breach of s 19(1). On 2 April 2003 a worker was injured when the thumb and fingers of her right hand were caught between three revolving rollers of the machine she was operating, crushing her hand.
The company failed to:
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adequately guard the dangerous nip and trap points created by the three revolving rollers
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adequately train the worker in the safe use of the machine
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supervise an inexperienced worker while operating the machine
20/8/04 - LEGEND PAPER CONVERTING PTY LTD: was convicted and fined $12 000 after pleading guilty to a breach of s 19 (1). On 1 April 2003 while a worker was cleaning the rollers of a machine that prints on serviettes, her right hand was caught and dragged between the two rollers.
The company failed to:
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adequately guard the trap points
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provide information, instruction, training and supervision for the worker
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provide and maintain a safe system of work
11/8/04 - JOHN DODD AND JOHN JAMES JEVONS: were convicted and fined $300 after pleading guilty to a breach of r 4.2.4. On 26 April 2003 John Dodd and John James Jevons commenced asbestos removal work without the necessary approval required by the Occupational Health, Safety and Welfare Regulations 1995.
1/7/04 - ADDEX PTY LTD: were convicted and fined $9,000 after pleading guilty to a breach s 19 (1). On the 25th September 2002 an worker's middle and ring fingers were caught in the nip point of a machine that they were operating (the machine was a Winkler and Dunabeer 31A Patcher which glues windows to envelopes).
The company failed to:
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ensure adequate hazard identification and risk assessment procedures were conducted in relation to the operation of the patcher
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adequately guard the dangerous nip points at the front, sides and rear of the patcher
23/6/04 - ALFRED LEHERMAYR AND ERNA LEHERMAYR (2) were convicted and fined $25,000 after pleading guilty to a breach of s 24A(1)(a) and s 40(4). The defendants were the proprietors of Lakeside Leisure Park at Huntfield Heights. Between 22 March 2002 and 10 May 2002 they failed to ensure an amusement structure, namely the Toboggan Ride, was maintained in a safe condition, failed to comply with a prohibition order and used an amusement structure that was not registered with the Director.
3/6/04 - WALKER AUSTRALIA PTY LTD were convicted and fined $17,000 after pleading guilty to a breach of s 19 (1). On 15th May 2002 while a worker was operating the vertical hydraulic press bender to bend pipes when the ring finger of his right hand was caught between the top and bottom die of the machine.
The company failed to:
21/5/04 - CONROYS SMALLGOODS PTY LTD were convicted and fined $8,000 after pleading guilty to a breach of s19 (1). On 4th July 2002 a worker was exposed to risk of injury and injured whilst operating a Poly clipper and Filling machine.
The company failed to:
21/4/04 MANACON FERRO CONCRETE TANKS PTY LTD was convicted and fined $18,000 for breaching s 19(1) on two counts and s 20(1)(a) on one count. On 1 November 2002, two workers were pouring the concrete to erect a 250kl tank when the formwork collapsed inwards. Both workers fell into the interior of the tank and suffered minor injuries.
The company failed to:
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implement proper maintenance systems for the formwork and connection pins used by employees
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provide a means of access to the water storage tank
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comply with Australian Standards on formwork for concrete
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provide a formwork system with the design and capacity to suit the diameter and height of the tank
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safe system of work
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prepare and maintain policies relating to OHS at the workplace
23/4/04 MELBA'S AUSTRALIA PTY LTD was convicted and fined $9,000 for breaching s 19(1). On 5 July 2002, a worker cleaning a machine (used for making confectionery) was injured when the fingers of his left hand were caught between two revolving rollers.
The company failed to:
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conduct a hazard identification and risk assessment on the safe operation and cleaning of the machine, and
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adequately guard the dangerous trapping point on the machine
23/3/04 FGP COMPANY PTY LTD was convicted and fined $9,000 after pleading guilty to a breach of s 19. On 15 May 2003, a worker received crush injuries to part of his right index finger while operating a 20 tonne power press.
The company failed to provide:
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adequate guarding to the dangerous nip/trap points of the power press
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a cover or shroud for the foot pedal to prevent inadvertent activation
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adequate supervision to the worker
10/3/04 ROBERT JAMES PYE: Was convicted after pleading guilty to a breach of s 22(2) and s 61(3) of the Act. Although a fine of $15,000 was determined, the Magistrate made no order for payment of the penalty because the means of the defendant were such that he would be unable to comply.
On 20 May 2001, Mr Pye permitted a paying member of the public to drive a kart while it was in an unsafe condition.
05/03/04 AVERY DENNISON MATERIALS PTY LTD was convicted and fined $12,000 after pleading guilty to a breach of s 19(1). On 3rd July 2003, a worker was injured when his hand was caught in the rollers of the coating machine he was cleaning.
The company failed to provide:
05/03/04 ALFON INDUSTRIES PTY LTD was convicted and fined $8,000 after pleading guilty to a breach of s 19(1). On 20th May 2003, a worker was injured when his fingers were caught in the power press he was operating.
The company failed to provide plant in safe condition by not adequately guarding the hazardous area of the power press.
13/02/04 BARKER BOY PROCESSING PTY LTD was convicted and fined $4,000 after pleading guilty to a breach of s 19(1). On 30th May 2003, a worker was injured when his thumb was caught in the rollers of the onion-peeling machine he was cleaning.
The company failed to provide plant in a safe condition by not adequately guarding the dangerous moving parts of the onion-peeling machine.
23/01/04 MELTON PASTORAL COMPANY PTY LTD, JILL ANNE LARRIT & RICHARD WILLIAM LARRIT were convicted and fined $25,000 for breaching s 19(1). The directors were charged under s 61 as responsible officers, each convicted and fined $10,000. A total of $45,000 was imposed in fines.
On 28 April 2002, a worker was injured while repairing a split rim tyre.
The company failed to:
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provide a cage or other restraining device for use during the inflation of tyres fitted to split rim wheels or a suitable lubricant for fitting split rims
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provide adequate training and supervision
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take reasonable steps to ensure compliance under s 19(1) and did not appoint one or more responsible officers
