22/12/06 AMAROO ORCHARDS PTY LTD: was convicted and fined $18,000 after pleading guilty to a breach of s19(1). On 14 August 2004, a worker suffered a dislocated shoulder when he fell 2.1 metres from a walkway into the tank he was instructed to clean.
The company failed to:
- ensure there was a safe system for washing out the tank, in particular, for gaining access to the tank;
- ensure there was a safe system for connecting the high-pressure hose used to wash the tank; and
- provide adequate training for safely washing the tank.
21/12/06 SA STRUCTURAL PTY LTD: was convicted and fined $17,600 after pleading guilty to a breach of s19(1). On 23 April 2004, an apprentice suffered amputation of his thumb below the base of the nail while using an unguarded guillotine-style cropping machine.
The company failed to:
- guard the machine's dangerous moving parts and cutting blade and ensure the return spring on the operating handle was in good working order; and
- provide the information, instruction, training and supervision that was reasonably necessary to ensure the worker's safety while using the machine.
20/12/06 TYCO AUSTRALIA PTY LTD: was convicted and fined $16,800 after pleading guilty to a breach of s19(1). On 14 April 2005, a worker suffered the amputation of the end section of his finger when it became trapped between the roller of a vertical roller machine and the piece of steel he was rolling.
The company failed to:
- guard the nip points and moving parts of the machine;
- ensure an adequate safe operating procedure was developed and implemented; and
- ensure the worker was adequately trained about the hazards associated with the machine.
18/12/06 DAGENHAM PTY LTD: was convicted and fined $9,000 after pleading guilty to a breach of s19(1). On 20 May 2005, the clamps of a pipe-bending machine trapped a worker's hands when he accidentally activated the machine while arranging a pipe. The worker sustained a broken middle finger and multiple cuts to his right hand and three crushed fingertips that resulted in amputation on his left hand.
The company failed to:
- guard the dangerous moving parts of the machine; and
- provide adequate information, instruction and training in relation to the safe operation of the machine.
18/12/06 CONROYS SMALLGOODS PTY LTD: was convicted and fined $22,500 after pleading guilty to a breach of s19(1). On 26 September 2005, a worker suffered a crushed and amputated finger while attempting to clear a meat-packaging machine.
The company failed to:
- take steps to identify all reasonably foreseeable hazards arising from the task and assess and minimise associated risks;
- develop and implement adequate safe work practices and procedures for the task;
- adequately guard the closure die area of the machine to prevent access to a danger zone;
- adequately train the worker and provide adequate information and instruction about the safe operation of the machine.
14/12/06 PIKE RIVER FRESH PTY LTD: was convicted and fined $5,000 after pleading guilty to a breach of s19(1). An elevated work platform used for picking fruit and pruning trees was found to be without a guardrail at the front and inadequately guarded at the rear.
The company failed to:
- ensure adequate hazard identification, risk assessment and safe operating procedures for use of the platform; and
- ensure the platform had adequate guarding to minimize the risk of a person falling from it.
14/12/06 CORROSION CONTROL (SA) PTY LTD: was convicted and fined $30,000 (reduced to $8,000 due to the defendant's financial hardship) after pleading guilty to a breach of s19(1). On 4 October 2003, a worker suffered serious injuries when a steel beam fell on him while the centre of gravity was being established.
The company failed to:
- ensure steps were taken to identify all reasonably foreseeable hazards and to assess and minimise the associated risks;
- ensure there was a safe system for lifting beams by mobile crane, in particular, ensure two chains were used to sling the load;
- ensure the work was carried out by persons who held certificates of competency appropriate to the work; and
- ensure the worker received adequate information, instruction and training in dogging and ensure he possessed a prescribed standard of competency in relation to dogging.
12/12/06 GENPOWER/ASCA (AUST) PTY LTD: was convicted and fined $22,500 after pleading guilty to a breach of s19(1). On 30 August 2005, a worker suffered crush injuries and a fracture to his leg when the 2940 kilogram switchboard he was moving fell, pinning him to the ground.
The company failed to:
- provide and maintain a safe operating procedure for moving the switchboard;
- provide adequate instruction and training to the worker about the safe method to move switchboards; and
- adequately supervise the worker while moving the switchboard.
28/11/06 NORTHERN SCAFFOLDING PTY LTD: was convicted and fined $34,000 after pleading guilty to a breach of s19(1). On 24 June 2004, a worker suffered back and leg injuries after a 10 kilogram transom fell on him from a height of 15 metres while he was working at the base of a scaffold.
The company failed to:
- implement a safe system to protect workers at ground level from falling objects; and
- provide adequate information, instruction and training about safe procedures for working at ground level during the erection of scaffolding.
24/11/06 PARILLA PREMIUM POTATOES PTY LTD: was convicted and fined $12,000 after pleading guilty to a breach of s19(1). On 3 May 2004, a worker suffered the partial amputation of two fingers after attempting to clear a blockage in an onion-trimming machine.
The company failed to:
- adequately guard the dangerous nip and trap points on the machine; and
- ensure the worker was adequately instructed, trained and supervised in relation to the safe operation of the machine.
17/11/06 AMCOR PACKAGING (AUST) PTY LTD: was convicted and fined $14,000 after pleading guilty to a breach of s19(1). On 23 July 2004, a worker sustained a crush injury to his right hand while changing a die on a machine. His glove became caught on a blade and was dragged into the machine rollers.
The company failed to:
- conduct a hazard identification and risk assessment regarding the foreseeable hazards and risks associated with changing dies;
- provide a safe operating procedure for changing dies; and
- guard against nip points on the machine.
10/11/06 REGENT HOMES PTY LTD: was convicted and fined $12,000 after pleading guilty to a breach of s22(2). On 5 April 2004, a worker was injured when he fell through an open stairwell from the first floor of the house where he was performing electrical work.
The company failed to ensure the open stairwell was adequately guarded.
09/11/06 ADELAIDE BAG AND PACKAGING PTY LTD: was convicted and fined $14,400 after pleading guilty to a breach of s19(1). On 17 September 2004, a worker suffered a crush injury to his right middle finger when his hand was caught between rollers of a paper bag manufacturing machine.
The company failed to ensure the machine was adequately guarded to prevent contact with dangerous moving parts.
03/11/06 MANUELE ENGINEERS PTY LTD: was convicted and fined $16,200 plus costs after pleading guilty to a breach of s19(1) and three breaches of r6.4.3(2). On 21 May 2004, a worker was seriously injured when a steel beam weighing 1.6 tonnes fell down on him as he attempted to roll it over using a gantry crane and a sling with shortening hooks.
In relation to the s19(1) breach, the company was fined $15,000 for failing to:
- provide written safe operating procedures on the risks associated with and use of slings with shortening hooks;
- provide and/or maintain safe operating procedures requiring two people to control the shifting of long loads and requiring a certificate of competence in dogging work; and
- ensure the worker and his supervisors were provided adequate training in dogging work.
In relation to the three breaches of r6.4.3(2), the company was fined $1,200 for allowing workers to carry on dogging work when they did not hold current certificates of competency.
20/10/2006 BINIRIS (AUST) PTY LTD: was convicted and fined $26,000 plus costs after pleading guilty to a breach of s19(1). On 19 January 2005, a worker suffered a large laceration to her upper arm after she was instructed to clean offal from the slaughter floor by reaching into a moving conveyor.
The company failed to:
- undertake a hazard analysis and risk assessment of the cleaning work;
- ensure an adequate safe operating procedure for the cleaning work was developed and implemented;
- ensure the worker was adequately instructed, trained and supervised in relation to safe performance of the work; and
- ensure that the worker's supervisors were adequately instructed and trained in relation to safe performance of the work.
17/10/2006 BROONS HIRE (SA) PTY LTD: was convicted and fined $20,000 plus costs after pleading guilty to a breach of s19(1). On 30 May 2005, a worker suffered partial amputation of three fingers after his hand was crushed while he and another worker attempted to remove a tight fitting axle shaft from an Impact Roller Drum.
The company failed to:
- provide and maintain a safe operating procedure for removing the axle shaft;
- ensure an adequate hazard identification and risk assessment for removing the axle shaft; and
- provide adequate instruction, training and supervision in relation to removal of the axle shaft.
10/10/2006 GAMBIER EARTH MOVERS PTY LTD: was convicted and fined $18,750 plus costs after pleading guilty to a breach of s19(1). On 19 August 2004, a worker suffered a fractured wrist and bruised leg while emptying boulders from an articulated dump truck when boulders lodged in the tailgate causing the truck to overbalance and the cabin to roll over with the worker inside.
The company failed to:
- identify all reasonably foreseeable hazards and risks associated with emptying a dump truck with a tailgate;
- maintain safe systems of work for use of the dump truck; and
- provide adequate information, instruction, training and supervision to workers.
29/09/2006 WILDERNESS ESCAPE OUTDOOR ADVENTURES PTY LTD: was convicted and fined $36,000 plus costs after pleading guilty to a breach of s22(2). On 1 April 2004, a 12-year-old student participating in a climbing activity suffered fractures to his ankle and wrists after falling seven metres when an incorrectly tied belay rope failed.
The company failed to:
- ensure a qualified person conducted the tie-in of the belay rope;
- adhere to or enforce its written risk management plan requiring it to observe all participants during the activity and to identify and rectify any poor tie-ins; and
- ensure the climbing equipment was properly used.
29/09/2006 ENGINEERING EMPLOYERS ASSOCIATION SOUTH AUSTRALIA GROUP TRAINING SCHEME INCORPORATED: was convicted and fined $60,000 plus costs after pleading guilty to a breach of s19(1). On 5 June 2004, an apprentice died after he was pulled onto the spinning shaft of the horizontal borer he was operating.
The association failed to:
- ensure an adequate hazard identification and risk assessment were performed for the horizontal borer;
- ensure safe operating procedures were communicated to the apprentice about his use of the horizontal borer;
- ensure training in the use of the borer was delivered by a qualified tradesperson experienced in using the borer;
- ensure the apprentice received adequate formal off-site training prior to working on the borer;
- ensure the apprentice was provided with an adequate competency assessment on his use of the borer; and
- ensure the apprentice received the supervision necessary to protect an inexperienced worker performing hazardous work.
22/09/2006 CORPORATE FLOORING PTY LTD: was convicted ex parte (without representation) and fined $35,000 plus costs for breaches of s19(1) and s20(1)(b). On 19 April 2004, a worker broke her leg after falling from the tines of a moving forklift she had been riding on at the invitation of a company director.
The company failed to:
- provide adequate information, instruction, training and supervision to its workers and director concerning forklift safety; and
- prepare and keep an up-to-date written statement setting out practices and procedures to protect the health and safety of its workers.
15/09/06 NUKORC PTY LTD: was convicted and fined $10,350 plus costs after pleading guilty to breaches of s19(1) and r6.6.2(1). On 4 June 2005, a worker suffered a crush injury to her thumb and a severe abrasion to her finger while attempting to remove a blockage from a cork lubricating machine.
In relation to the s19(1) breach, the company was fined $10,000 for failing to:
- identify all reasonably foreseeable hazards and risks associated with unblocking the machine;
- provide a safe operating procedure for unblocking the machine;
- ensure that unblocking was not undertaken while the machine was operating; and
- ensure the machine was adequately guarded to prevent access to dangerous moving parts.
In relation to the breach of r6.6.2(1), the company was fined $350 for failing to notify SafeWork SA as soon as possible after the immediately notifiable work-related injury.
14/09/06 HERBALIFE AUSTRALASIA PTY LTD: was convicted and fined $18,750 plus costs after pleading guilty to a breach of s19(1). On 21 February 2005, a worker suffered injuries to his wrist and elbow after falling approximately six metres from a metal cage lifted on the tines of a lift truck.
The company failed to:
- undertake adequate hazard identification and risk assessment;
- ensure there were adequate safe operating procedures in place for working at heights;
- ensure the metal cage was suitable and adequate, and was securely attached to the lift truck;
- provide adequate supervision in that the worker was instructed by his supervisor to undertake the task involving the use of plant in an unsafe condition.
04/09/06 VERMONT HOLDINGS PTY LTD: was convicted and fined $38,000 plus costs after pleading guilty to a breach of s19(1). On 22 July 2004, a worker suffered a broken leg and other injuries after he fell 2.8 metres from a personnel box on a forklift.
The company failed to:
- ensure the equipment and method used to lift the worker was identified prior to work being carried out;
- ensure equipment supplied by its customer was inspected and assessed prior to use; and
- ensure the personnel box was suitable and adequate, was designed for the purpose, and was securely attached to the forklift.
04/09/06 DE VILLE AUSTRALIA PTY LTD: was convicted and fined $34,000 plus costs after pleading guilty to a breach of s22(2). On 22 July 2004, a worker employed by a contractor to fit new roller doors at De Ville Australia's premises fell 2.8 metres from a personnel box on a forklift, both of which De Ville Australia had supplied for use by the worker.
The company failed to ensure the personnel box was suitable and adequate, was designed for the purpose, and was securely attached to the forklift.
01/09/06 ORRCON OPERATIONS PTY LTD: was convicted and fined $17,600 plus costs after pleading guilty to a breach of s19(1). On 6 October 2004, a worker severed his fingers while sharpening the blade of a slitting machine whilst it was in operation.
The company failed to:
- ensure a safe system for sharpening blades;
- adequately guard the blades and other moving components; and
- ensure the worker was adequately trained and provided with adequate information and instruction to safely operate and correct malfunctions of the machine.
01/09/06 WMC (OLYMPIC DAM) PTY LTD: was convicted and fined $153,000 plus costs after pleading guilty to three counts of s19(1). On 19 July 2005, a worker was killed, another injured and a third placed at risk when charges set in one heading (tunnel) were detonated by drilling in an opposing heading.
The company failed to:
- provide an adequate system for determining the relative positions of headings;
- provide an adequate system for ensuring work on one heading ceased at a safe distance from the other;
- ensure a safe distance between a heading charged with explosives and a heading where drilling was being carried out;
- inform and instruct the supervisor in relation to accurately identifying the relative positions of the headings and communicate this to relevant personnel;
- inform the development trainer that both headings were being worked; and
- inform the development trainer and drill operator about the relative proximity of the headings.
30/08/06 CASTALLOY AUTOMOTIVE PTY LTD T/AS ION AUTOMOTIVE: was convicted and fined a total of $159,000 after pleading guilty to breaches of s19(1) in relation to three separate incidents.
On 19 May 2004, a worker suffered severe lacerations to his right hand when his glove was drawn into the blade of a table bandsaw he was operating.
The company failed to:
- provide adequate safe operating procedures; and
- adequately guard the blade of the bandsaw.
Fine: $52,000
On 15 July 2004, a worker suffered a broken thumb when it was caught in a clamp of a manifold dunk testing machine.
The company failed to provide adequate guarding around the moving parts of the machine.
Fine: $52,000
On 17 July 2004, a worker lost his right little finger after it was crushed by the closing clamp of a die-casting machine.
The company failed to:
- provide adequate guarding around the moving parts of the machine; and
- adequately train or supervise the worker to ensure he was operating the machine safely.
Fine: $55,000
29/08/06 DAKATASI PTY LTD T/AS MAGILL RECYCLING & SALVAGE: was convicted and fined $14,875 after pleading guilty to a breach of s19(1). On 29 January 2005, a worker was injured when he fell through an opening in the top of a mesh recycling cage he was working on.
The company failed to ensure there was a safe system for depositing recyclable material into the cage.
24/08/06 LORENZIN CONSTRUCTIONS PTY LTD: was convicted and fined $24,000 after pleading guilty to a breach of s19(1). On 28 August 2004, a worker was injured when a 500kg digging bucket detached from its boom and rolled six metres downhill to a pit where the worker was working. The worker sustained severe injuries to his right arm after being struck by the bucket.
The company failed to:
- ensure adequate safe systems for working near the excavator; and
- ensure the worker was adequately supervised.
18/08/06 KERRY LOGISTICS (AUSTRALIA) PTY LTD: was convicted and fined $25,500 after pleading guilty to a breach of s19(1). On 20 October 2004, a worker was seriously injured while attempting to remove a dent in the roof of a shipping container by using a forklift and a piece of hardwood to push the dent out. The wood gave way, fell and struck the worker in the face.
The company failed to:
- identify reasonably foreseeable hazards and assess and minimise associated risks;
- ensure an adequate safe operating procedure for the task; and,
- provide appropriate tools, machinery or plant for the safe performance of the task.
26/07/06 FIELDERS AUSTRALIA PTY LTD: was convicted and fined $16,500 after pleading guilty to a breach of s19(1). On 8 December 2003, a worker was injured while operating a machine with its guard raised.
The company failed to:
- ensure the machine was adequately guarded; and,
- ensure the interlocking system of the guarding would prevent the machine from opening.
21/07/06 GEORGE VRYNIOS: was convicted and fined $2,000 after pleading guilty to a breach of s21(1a). On 8 December 2003, a worker was injured while operating a machine with its guard raised after being instructed to do so by Mr Vrynios.
Mr Vrynios failed to take reasonable care to avoid adversely affecting the health and safety of the employee.
21/07/06 EPIC ENERGY CORPORATE SHARED SERVICES PTY LTD: was convicted and fined $18,750 after pleading guilty to a breach of s19(1). On 2 February 2004, an employee of a contractor was injured when the wall of an excavation collapsed while he was working in the excavated area.
The company failed to:
- provide a safe working environment by ensuring the excavation was of a safe design;
- conduct an adequate hazard identification and risk assessment;
- shore the walls of the excavation; and,
- adequately batter or bench the walls of the excavation.
07/07/06 SUREGROUP PTY LTD T/AS ED HARRY MENSWEAR: was convicted and fined $4,500 after pleading guilty to a breach of r2.5.7(1)(b) and of r2.5.8(1). On 19 May 2004, a worker received an electric shock whilst using a vacuum cleaner and as a result suffered a soft tissue injury.
The company failed to:
- conduct regular inspection and testing on the vacuum cleaner; and,
- minimise the risk by using a residual current device.
07/07/06 PAPERLINX AUSTRALIA PTY LTD: was convicted and fined $4,400 after pleading guilty to a breach of s19(1). On 20 April 2004, a worker suffered a severe cut to her right index finger whilst attempting to clear a jam in an operational Rotex Junior exercise book machine.
The company failed to:
- implement adequate safe operating procedures for clearing jammed paper from the machine;
- guard the moving conveyor belts and rollers on the under-side of the machine; and,
- ensure guarding on the top-side of the machine was interlocked to prevent the operation of the machine when the guarding was not in place.
05/07/06 SOUTHERN CROSS MARINE CULTURE PTY LTD: was convicted and fined $32,000 plus costs after pleading guilty to a breach of s19(1). On 5 April 2004, a worker suffered extensive injuries when he fell from an oyster punt and was struck by the propeller of the outboard motor.
The company failed to:
- provide sufficient guardrails and handholds on the vessel;
- provide adequate safe procedures for travelling on the vessel; and,
- provide adequate information, instruction and training regarding safe procedures for travelling on the vessel.
