OHSW - 2009

20/11/09         KEVIN PRATT, MARDI PRATT, ROBERT PRATT AND KATHLEEN COOPER: were convicted and fined $7,000 each ($28,000 in total) after pleading guilty to a breach of s19(1). On 24 May 2006, an employee sustained multiple serious injuries, including spinal damage resulting in paraplegia, a fractured skull and loss of an eye. The employee fell from a small platform, after he was hit in the face by the handle of a winch he was using to lower an internal ramp in a stock crate.

The defendants failed to:

• carry out an adequate hazard identification and risk assessment for using the stock crate (the crate), particularly the task of raising and lowering the crate?s internal ramp using a winch accessed via an external platform
• develop and implement a safe operating procedure for raising and lowering the stock crate?s internal ramp
• implement control measures for the hazards and risks associated with using the winch
• ensure the employee could safely access the external platform on the stock crate
• ensure the employee was protected against a fall from the external platform.

19/11/09         CONLAY CONSTRUCTIONS PTY LTD (ACN 101 796 490): was convicted and fined $25,000 plus $10,000 compensation after pleading guilty to a breach of s19(1).  On 28 March 2007, an employee suffered multiple skull fractures, subarachnoid haemorrhaging and a fractured vertebra after falling three metres through an unguarded stairwell void in a house under construction.

The company failed to:

• provide and maintain a safe work environment that should have included adequate fall protection to minimise the risk of the employee falling from heights.

19/11/09         ZERELLA HOLDINGS PTY LTD (ACN 007 857 538): was convicted and fined $7,500 after pleading guilty to a breach of s19(1). On 27 December 2006, an employee suffered an injury to his index finger when it became caught in a packing machine.

The company failed to:

• develop and provide a safe operating procedure for use of the machine
• adequately guard the moving parts of the machine
• provide a readily accessible emergency stop device.

16/11/09         SPECTRUM TRANSPORT SYSTEMS PTY LTD (ACN 062 007 149): was convicted and fined $29,750 after pleading guilty to a breach of s19(1). On 19 January 2005, an employee suffered fractures to his pelvis, knee and a vertebra in his lower back when he was struck down and pinned by compressed waste bales. The bales fell from a stack while he was sweeping debris from a waste transport trailer.

The company failed to:

• provide adequate information, instruction, training and supervision to the employee to ensure that he did not work in close proximity to bales of waste stacked inside the transport trailer.

16/11/09         FORBES (AUSTRALIA) PTY LTD (ACN 007 763 984): was convicted and fined $30,000 after pleading guilty to a breach of s19(1).  On 5 June 2007, two employees sustained burn injuries when vapours from flammable solvent paint and thinners were ignited by a cigarette lighter.

The company failed to:

• carry out a hazard identification and risk assessment relating to the work being undertaken
• advise all employees that flammable substances would be used in an area normally accessible to employees
• place notices to warn all employees that flammable substances were being used in the area
• erect protective barriers to restrict unnecessary access
• ensure employees were provided with information, instruction and training about working with hazardous substances and the risks associated with hazardous substances
• adequately enforce a non-smoking policy.

30/10/09         OE & DR POPE PTY LTD: was convicted and fined $40,000 after pleading guilty to a breach of s19(1). On 21 March 2007, an employee suffered crush injuries to three fingers on his right hand when they were caught between the rollers of a printing machine. The employee was attempting to clean a roller without stopping the machine first.

The company failed to:

• carry out a hazard assessment to identify the pinch and grab points on the machine, and take sufficient steps to eliminate or minimise the hazards
• provide an adequate safe operating procedure
• adequately guard pinch and grab points on the machine
• provide the necessary supervision to make sure the employee was safe from injury and risks to health while operating the machine.

30/10/09         BEERENBERG PTY LTD (ACN 007 894 055): was convicted and fined $9,000 after pleading guilty to a breach of s19(1). On 17 May 2007, an employee?s index fingertip on her left hand was severed while operating a mincer.

The company failed to:

• develop or implement a safe operating procedure for the operation, cleaning and maintenance of the mincer
• adequately guard the nip, trap and/or shearing points on the mincer.

20/10/09         AREA CONSTRUCTION LABOUR SERVICES PTY LTD (ACN 107 576 376): was convicted and fined $40,000 plus costs after pleading guilty to a breach of s19(1). On 1 May 2007, an employee suffered life threatening head injuries when an extension ladder he was using to clean windows slipped and he fell approximately six metres.

The company failed to:

• undertake a hazard identification and risk assessment in relation to cleaning windows at height
• provide the employee with a safe means of accessing the windows that needed to be cleaned.

15/10/09         MACBAR NOMINEES PTY LTD TRADING AS SOUTHERN CROSS TRAILERS (ACN 007 794 274): was convicted and fined $15,300 plus costs after pleading guilty to a breach of s19(1). On 21 June 2007, an employee was struck on the head and hand by a pallet that fell from a forklift being driven by another employee.

The company failed to:

• conduct a risk assessment and implement a safe operating procedure in relation to the lifting and moving of loads by forklift
• adequately instruct and supervise an employee in the operation of the forklift
• provide sufficient instruction and training to employees in relation to working in close proximity to forklifts.

25/9/09           DAVID ANDREW MARTIN: was convicted and fined $2,400 plus costs after pleading guilty to breaching section 21(1a) for failing to take reasonable care, and deliberately placing tape over the four interlock switches on the guard doors to the machine, disabling the interlock system.

Mr Martin was employed by Trebla Nominees Pty Ltd as factory foreman.  He was ordered to undertake a course of training or education regarding the obligations of managers and supervisors as a non-pecuniary penalty pursuant to s60A(1)(a) of the Occupational Health, Safety and Welfare Act 1986.

NB: Refer to conviction of Trebla Nominees Pty Ltd above, who was the first defendant for this incident.

25/9/09           TREBLA NOMINEES PTY LTD (ACN 008 075 705): was convicted and fined $16,800 plus costs after pleading guilty to a breach of s19(1).  On 5 June 2007, two employees were exposed to a risk of injury and one lost a section of his finger. His finger came into contact with a blade spinning at high speed, while attempting to correct a production problem with an edge banding machine.

The company failed to:

• provide and maintain a safe operating procedure for the adjustment of the machine
• provide plant in a safe condition, by ensuring the interlock switches of the machine had been disabled
• ensure an adequate system existed for inspection and maintenance of the machine
• adequately train one of the employees with the correct procedure for the adjustment of the machine.

NB: Refer to conviction of Mr Martin below, who was the second defendant for this incident.

24/9/09            PORTAVIN SA PTY LTD (ACN 100 063 250): was convicted and fined $18,750 plus costs after pleading guilty to a breach of s19(1). On 8 May 2007 an employee received scalds after inadvertently turning off two taps out of sequence, and disconnecting a hot water hose when she was operating the filler section of the bottling plant. As a result, a build up of pressure within the hose sprayed out water at a temperature of 80 degrees celsius over her upper right side.

The company failed to:

• undertake an adequate hazard identification or risk assessment in relation to the operation of the plant
• implement an appropriate measure to minimise or eliminate the risk of hot water back flow.

11/09/2009    MARTON NOMINEES PTY LTD (ACN 007 983 646) AND WILLIAM NASH: were convicted and fined a total of $44,000 (combined penalty) after the company pleaded guilty to one count of s23, and Mr Nash pleaded guilty to one count of s61(3). On 16 August 2006, as concrete was being poured into a void on the second floor of a building, a portion of the formwork dropped, followed by the whole section giving way. This resulted in wet concrete falling through the void over four metres to the floor below.

The first defendant failed to:

• conduct an adequate hazard identification or risk assessment in relation to the concrete pour
• conduct any adequate tests to ensure the formwork was suitable to bear the load of the concrete being poured
• consult with an engineer regarding the safety and methodology of the task
• ensure that no-one was on the floor below the void while the pour was being conducted.

The second defendant failed to:

• ensure compliance by the first defendant with its obligations under s23 of the Act.

11/09/2009    STRATCO (SA) PTY LTD (ACN 007 528 850): was convicted and fined
$24,000 plus costs after pleading guilty to a breach of s19(1).  On 18 December 2006, an employee sustained a crush injury to the tip of the thumb on his left hand when it became caught in a sheet metal folding machine.

The company failed to:

• ensure the machine was adequately guarded to prevent it from operating when a person is in close proximity
• provide adequate information, instruction and training regarding the safe operation of the machine.

28/8/09           GREGORY PETER WATSON TRADING AS ABERFOYLE EXCAVATIONS: was convicted and fined $34,000 plus costs after pleading guilty to a breach of s22(2). On 20 December 2006, an employee suffered life threatening head injuries when the trench he was working in collapsed.

                        The defendant failed to:

• conduct an adequate risk assessment in relation to the trenching work and failed to ensure that the trench was satisfactorily battered, benched or shored prior to it being entered.

NB: Refer to conviction of Mr Goodman above, who was the first defendant for this incident.

28/8/09           MARK ANTHONY GOODMAN TRADING AS GOODMAN PLUMBING AND PROPERTY MAINTENANCE: was convicted and fined $32,000 plus costs after pleading guilty to a breach of s19(1). On 20 December 2006, an employee suffered life threatening head injuries when the trench he was working in collapsed.

The defendant failed to:

• ensure any risk assessment had been undertaken for the work being performed in the trench
• develop and implement appropriate safe work methods for work to be undertaken in a trench
• make any arrangements to ensure the trench was made stable.

NB: Refer to conviction of Mr Watson below, who was the second defendant for this incident.

7/8/09             CAROMA INDUSTRIES LTD (ACN 000 189 499): was convicted and fined $10,000 plus costs after pleading not guilty to one count of s19(1) and being found guilty at trial on 12 June 2009. On 16 September 2006, an employee sustained full thickness burns to three fingers of her right hand after coming in contact with a heat sealing bar on a bag sealer machine while attempting to clear a blockage.

The company failed to:

• ensure the heat bag sealer was adequately guarded to prevent access to the heated bars.

NB: An appeal against conviction was filed by the defendant on 30 June 2009 and was subsequently discontinued on 20 August 2009.

5/8/09             ANTONS BUILDING DESIGN AND CONSTRUCTION PTY LTD (ACN 097 604 950): was convicted and fined $21,250 plus costs after pleading guilty to a breach of s19(1), s22(2) and r4.2.4(1). Between 18 and 27 January 2006, the company exposed its employee and at least eight other people to the risk of, and actual, exposure to airborne asbestos fibres.

The company failed to:

• carry out an adequate hazard identification and risk assessment in relation to employee?s use of a grinder to remove asbestos containing floor coverings
• develop a site-specific plan for the safe removal of the floor coverings
• ensure the employee used appropriate tools to prevent or minimise the generation and dispersion of airborne asbestos fibres
• ensure atmospheric monitoring was undertaken while the work was being performed
• provide decontamination facilities while the work was being performed
• ensure areas where asbestos removal was undertaken were sealed to prevent the release of fibres
• provide appropriate training and instruction to the employee
• ensure the employee was supervised by an appropriate person
• obtain a current asbestos removal licence.

NB: Industrial Magistrate Ardlie imposed one penalty pursuant to s28(A) of the Criminal Law (Sentencing) Act. 

31/7/09           BLUEBIRD RAIL OPERATIONS PTY LTD (ACN 081 397 131): was convicted and fined $30,000 plus costs after pleading guilty to a breach of s19(1). On 23 March 2007, an employee sustained a crush injury to his left arm, when a 1500kg sidewall broke loose as it was being lifted to a rail freight wagon under construction.

The company failed to:

• provide adequate lugs to securely support the load
• ensure the lifting method used was suitable
• conduct an analysis of whether a modification to the lugs could support the load.

31/7/09           CENTRAL GLASS PTY LTD (ACN 007 829 423): was convicted and fined $9,375 plus costs after pleading guilty to a breach of s19(1). On 16 February 2007, an employee suffered a crush injury to the tip of his left middle finger when fitting a die into a press.

The company failed to:

• carry out an adequate hazard identification and risk assessment
• provide safety control measures for changing and fitting dies
• provide an adequate safe operating procedure.

31/7/09           INTERNATIONAL TASTES PTY LTD (ACN 055 220 089): was convicted and fined $20,250 plus costs after pleading guilty to a breach of s19(1). On 23 January 2007, an employee sustained injuries to his right forearm and palm when he became trapped in the exposed moving blades of a pasta extruding machine.

The company failed to:

• carry out an adequate hazard identification and risk assessment
• provide a safe operating procedure for the correct use of the machine
• adequately guard the moving parts of the machine
• ensure the machine was subject to appropriate checks, tests and inspections
• provide adequate information, instructions, training and supervision.

24/07/09         TREW STONE BUILDING CONTRACTORS PTY LTD (ACN 100 758 361): was convicted and fined $14,875 plus costs after pleading guilty to a breach of s19(1). On 29 May 2006, an employee sustained a fractured right wrist and lacerated forehead, after falling approximately 3.5 metres from a gap between a balcony and scaffolding.

The company failed to:

• develop and implement a safe operating procedure for working at heights
• provide edge protection for employees working in an elevated workplace
• ensure employees wore a safety harness when working at heights.

24/07/09         McDONNELL INDUSTRIES PTY LTD (ACN 007 746 536): was convicted and fined $36,000 plus costs after pleading guilty to a breach of s19(1). On 8 August 2007, an employee sustained a serious skull fracture, and psychological trauma after being struck on the head by a flying offcut of timber from a saw.

The company failed to:

• adequately guard the saw to prevent objects from being ejected
• prevent access to the saw blades and other moving parts of the plant.

NB: Industrial Magistrate Ardlie assessed penalty based on a maximum of $200,000 (not $100,000) as the defendant had a prior conviction from June 1993.

6/7/09             PETER ROBERT GLIDDEN TRADING AS PIZZA HAVEN WHYALLA: was convicted and fined $14,000 plus costs after pleading guilty to a breach of s19(1) and r6.6.2. On 9 January 2007, an employee sustained injuries to three fingers on her right hand when her fingers were drawn into the rollers of a dough rolling machine.

The defendant failed to:

• adequately guard the moving parts of the dough rolling machine
• provide adequate supervision of the employee while she was operating the machine
• advise SafeWork SA regarding an immediately notifiable work-related injury.

s19(1): $11,000
r6.6.2: $3000

3/7/09             LOBETHAL ABATTOIRS PTY LTD (ACN 105 579 566): was convicted and fined $22,000 plus costs after pleading guilty to a breach of s19(1). On 20 November 2006 an employee sustained injuries to two fingers and the palm of his left hand after coming into contact with the hock cutter.

The company failed to:

• identify all reasonably foreseeable hazards in relation to the hock cutter
• develop and implement adequate safe work practices and procedures for using the hock cutter
• incorporate physical barriers to prevent a person from entering the immediate work area of a person using the hock cutter
• ensure an adequate guard was placed around the cutters to prevent access to the blades.

s19(1): $5 600
r6.6.2: $560

26/6/09 DIEMOULD TOOLING SERVICES PTY LTD (ACN 007 937 813): was convicted and fined $72 000 plus costs after pleading guilty to a breach of s19(1).  On 5 June 2004, an 18-year-old apprentice was fatally injured after he was pulled onto the spinning shaft of a horizontal borer.

The company failed to:

• equip the borer with interlock devices to prevent employees from coming into contact with its dangerous moving parts during continuous-run drilling operations,
• relocate or shroud the borer?s continuous-run button, or otherwise prevent accidental use of that button when using hold-to-run mode,
• carry out an adequate hazard identification and risk assessment in order to develop safe operating procedures,
• provide a system to ensure the employees? operation of the borer at close proximity was restricted to hold-to-run mode,
• prohibit the wearing of loose-fitting dust coats by employees using the borer,
• ensure any training given to the apprentice was delivered by a qualified tradesperson experienced in using the borer, and
• ensure any employee who was inexperienced in using the borer received such supervision as was reasonably necessary to ensure their safety.

23/6/09 S & E KROTIRIS AND SONS PTY LTD (ACN 008 194 616): was convicted and fined $6 160 plus costs after pleading guilty to a breach of s19(1) and r6.6.2.  On 13 November 2007, a 17-year-old employee sustained soft tissue injuries to his right shoulder, elbow and wrist when his arm became trapped in the rotating trays inside a dough proving machine when he reached inside the machine.

The company failed to:

• guard the prover to prevent access by the employee to the moving parts at the rear,
• conduct an adequate hazard identification and risk assessment in relation to the prover,
• prepare and implement a safe operating procedure in relation to use of the prover,
• provide adequate instruction to the employee in relation to operation of the prover and the task of splitting dough loaves located within it, and
• notify SafeWork regarding the immediately notifiable work related injury.

22/6/09 TCCAJJ PTY LTD (ACN 118 965 601): was convicted and fined $7500 plus costs after pleading guilty to a breach of s19(1).  On 29 March 2007, a 30-year-old employee sustained injuries to his genitals when his pants became trapped in the exposed chain and sprocket of a twin-edge saw while he was removing logs from the saw.

The company failed to:

• ensure the chain and sprocket were guarded, and
• provide a safe operating procedure for using the machine.

S19(1): $25 500
r 6.4.15(2): $3,400.00
r 6.6.3: $2,125.00

12/6/09 EDWARD JOHN MORGAN, LUKE LAURANCE MORGAN AND PAUL SIMON MORGAN: were convicted and fined a total of $12 600 plus costs after pleading guilty to a breach of s19(1).  On 24 January 2007, the tips of an employee?s middle and right fingers were severed when they came into contact with the cutting blade of a spindle moulder while he was making adjustments while the cutters were still spinning.

The defendants failed to:

• develop and implement a safe operating procedure for making operational adjustments to the machine, and
• ensure the electrical interlocking device on the door of the sound-suppressing enclosure of the machine was in proper working order.

1/6/09 UNITED CASE HOLDINGS PTY LTD (ACN 007 769 128):  was convicted and fined $31 025 plus costs after pleading guilty to breach of s19(1), r 6.4.15(2), and r 6.6.3.  On 10 September 2004, a 17-year-old employee suffered facial injuries when he fell about three metres from the top of two packing crates being lowered by a forklift operated by an unqualified 16-year-old onto the tray of a truck.

The company failed to:

• provide or maintain adequate safe operating procedures for transporting crates,
• provide adequate training to the employee about safe methods of transporting crates,
• adequately supervise the transportation of crates, and
• provide appropriate training to employees required to operate the forklift.

The company also allowed its employee to operate the forklift truck without having been assessed by a registered assessor as being competent to operate it, and failed to give preliminary notice of a notifiable dangerous occurrence in its workplace and written notice within 24 hours.

27/5/09 LESLEY ANDREW MARR T/A MARR?S BAKERY MORGAN: was convicted and fined $1500 after pleading guilty to a breach of s19(1).  On 5 June 2007, a 19-year-old employee sustained bruising to his hand after it was pulled into the rollers of the pastry-sheeting machine he was cleaning.

                        Mr Marr failed to:

• provide a written safe operating procedure for safe cleaning of the machine,
• adequately guard the machine?s dangerous moving parts, and
• provide clearly identifiable emergency stop, forward and reverse buttons.

11/5/09 MITOL PTY LTD (ACN 054 353 098): was convicted and fined $56 000 plus costs and $20 000 compensation after pleading guilty to a breach of s19(1).  On 21 April 2006, a 53-year-old employee was fatally crushed as he tried to enter a moving service lift that was operating with lift car doors removed and safety circuits modified or bypassed so they were inoperative.

The company failed to:

• ensure the employee closed the car doors and landing doors on the lift before sending the lift and did not ride in the lift,
• ensure the car doors were fitted to the lift and the car door closed proving switch was not wired in the closed position,
• ensure the lift controller circuit was not modified with a bridging wire to allow the lift to operate when the car doors and the landing doors were not closed,
• ensure a safety apron was fitted to the lift car,
• ensure the lift controller circuit was in a safe condition,
• ensure the lift was regularly maintained and serviced to ensure it was in a safe condition,
• ensure the lift was inspected and tested at intervals of one year or less to verify it was in a safe condition, and
• adequately instruct the employee that he was not to ride in the lift.

7/5/09 SAMMATT INVESTMENTS PTY LTD (ACN 120 181 008): was convicted and fined $2,000 (reduced from $16,000 due to financial incapacity) plus costs after pleading guilty to a breach of s19(1).  On 23 October 2006, a 35-year-old employee suffered fractures and multiple lacerations to four fingers when they became trapped in the rotating blades of a meat tenderising machine.

The company failed to:

• ensure there was a safe system for operating the machine,
• carry out a risk assessment in relation to the machine to identify pinch and grab points and to then reduce or eliminate such hazards,
• ensure the chute was attached, the safety interlock switch was functional, and pinch and grab points on the machine were adequately guarded, and
• provide relevant information, instruction, training and supervision.

5/5/09 JEFFERY POOLE: was convicted and fined $5,600 plus costs after pleading guilty to a breach of s21(1a).  On 30 November 2006, a 33-year-old employee sustained fatal injuries after falling from the tine of a Manitou operated by Mr Poole after being raised 5.8 metres.

Mr Poole failed to take reasonable care to avoid adversely affecting the health of the deceased in that he:

• elevated the deceased while he was standing on a fork lift attachment on a powered industrial truck,
• failed to use a work platform when elevating the deceased, and
• operated the powered industrial truck in an unsafe manner.

S19(1): $56 000
S22(2)(b): $16 000

5/5/09 PRISTINE OYSTER FARM PTY LTD (ACN 007 845 267): was convicted and fined $25 600 plus costs after pleading guilty to a breach of s19(1).  On 16 August 2006, a 13-year-old employee sustained significant damage to his right knee and multiple fractures to his left ankle when a 380 kg load he was moving with a pallet jack fell and pinned his legs to the ground.

The company failed to:

• ensure appropriate steps were undertaken to identify all reasonably foreseeable hazards arising from use of the pallet jack and to then assess and minimise the associated risks,
• ensure adequate safe work practices and procedures were developed and implemented regarding the safe use of the pallet jack,
• provide adequate information, instruction and training to the employee regarding the safe use of the pallet jack, and
• provide adequate supervision to the employee while he used the pallet jack.

1/5/09 DIESEL AND MARINE SERVICES PTY LTD (ACN 065 377 264): was convicted and fined $72 000 plus costs after pleading guilty to breaches of s19(1) and s22(2)(b).  On 4 May 2006, a 52-year-old and 32-year-old employee sustained serious burns and hearing loss, and a third person sustained burns when welding sparks caused painting fumes to ignite and explode inside a confined space on a fishing boat.

The company failed to:

• ensure all potential ignition sources were eliminated prior to the commencement of spray painting,
• ensure paint fumes were adequately extracted from the confined space,
• ensure an adequate system was developed and implemented for ensuring incompatible work tasks were not carried out at the same time and in close proximity to each other,
• ensure adequate safe work practices and procedures were developed and implemented regarding safe working in confined spaces, and
• provide adequate information, instruction and training to its employees regarding safe working in confined spaces.

1/5/09 R RANCIC HOLDINGS PTY LTD (ACN 007 939 988): was convicted and fined $24 000 plus costs after pleading guilty to a breach of s19(1).  On 15 June 2006, an employee sustained a fractured skull when he fell backwards from a shelving unit 1.72 metres above the ground, which he had climbed onto in order to look for and retrieve a required item of stock.

The company failed to:

• ensure an adequate hazard identification and risk assessment was undertaken for use of the shelving unit,
• develop a safe working method for access to the shelves,
• prevent access to the shelves by climbing onto them, and
• ensure reasonable fall protection was provided when accessing the shelves.

1/5/09 NATIONAL FOODS LTD (ACN 004 486 631): was convicted and fined $9 000 plus costs after pleading guilty to a breach of s 24A (1).  On 22 December 2006, a 44-year-old employee sustained lacerations to his right ear and abrasions to his left cheek as a result of his head becoming stuck between the hoop guides and the safety guarding of a rotary hoop filler while adjusting a finger location switch.

The company failed to adequately guard the rotary hoop filler so as to prevent access to moving parts.

30/4/09 NORMETALS PTY LTD (ACN 008 035 130): was convicted and fined $52 000 plus costs after pleading guilty to a breach of s22(2).  On 7 December 2006, a 33-year-old delivery driver was killed when he was crushed by an falling bundle of steel tubes that was dislodged by a Normetals forklift operator.

The company failed to ensure there were safe operating procedures in place for the loading and unloading of trucks at the workplace.

30/4/09 PAPERLINX AUSTRALIA PTY LTD (ACN 007 228 113): was convicted and fined $26 250 plus costs after pleading guilty to a breach of s19(1).  On 7 September 2006, a 39-year-old employee sustained a crush and degloving injury when his hand became trapped between two rollers on a carbon book printing machine while he attempted to remove twisted paper while the machine continued to operate at normal running speed.

The company failed to:

• guard the rollers on the top-side of the machine to prevent access to the machine while in operation,
• guard or regulate access to the top of the unguarded machine rollers and nip points, and
• develop or implement adequate safe operating procedures for clearing paper from the machine to prevent it from jamming.

29/4/09 ARROWCREST GROUP PTY LTD (ACN 007 521 280): was convicted and fined $23 375 plus costs after pleading guilty to a breach of s19(1).  On 11 February 2005, a 20-year-old employee sustained a crush injury to his hand when it became trapped between a leak testing machine and the wheel being tested.

The company failed to:

• ensure appropriate steps were undertaken to identify all reasonably foreseeable hazards arising from the operation of the machine and to then assess and minimise the associated risks,
• ensure that there was an adequate safe operating procedure for operators of the machine,
• adequately guard the dangerous moving parts of the machine to prevent access, and
• ensure the employee was adequately trained and provided with adequate information and instruction in relation to the safe operation of the machine.

22/4/09 CATHOLIC DIOCESE OF PORT PIRIE INCORPORATED: was convicted and fined $19 125 plus costs after pleading guilty to a breach of s22(2).  On 10 August 2004, a 15-year-old school student sustained burn injuries to his hands, legs, face and left ear when, during assembly of a portable gas camping stove, a gas canister released gas that ignited.

The entity failed to:

• provide adequate training and information to the students with respect to assembling the stoves,
• provide adequate supervision to the students who were assembling the stoves, and
• provide adequate training and information to the supervisors who attended the camp with respect to the supervision to be provided to the students assembling the stoves.

17/4/09 PARQUETRY FLOORING COMPANY PTY LTD (ACN 008 221 994): was convicted and fined $14 400 plus costs after pleading guilty to a breach of s19(1).  On 19 June 2006, a twenty-year-old employee sustained a cut to the middle and ring fingers of his left hand while using a circular table saw when the timber he was cutting kicked back towards him pushing his left hand into the blade.

The company failed to:

• undertake an adequate hazard identification and risk assessment of the machine and the work associated with the machine,
• ensure there were adequate safe operating procedures for the operation of the machine,
• adequately guard the blade of the machine to prevent access,
• provide a readily accessible emergency stop device, and
• provide adequate information, instruction, training and supervision to the employee in relation to the safe operation of the machine.

9/4/09 COLLEX PTY LTD (ACN 051 316 584): was convicted and fined $40 000 plus costs after pleading not guilty to a breach of s19(1).  On 19 January 2005, an employee suffered fractures to his pelvis, knee and a vertebrae in his lower back when he was unexpectedly struck down and pinned by compressed waste bales falling from a stack while he was sweeping debris from a waste transport trailer.

The company failed to:

• ensure appropriate steps were taken to identify all reasonably foreseeable hazards arising from the task of sweeping debris from the trailer, and to then assess and minimise the associated risks;
• ensure adequate safe systems of work were implemented and enforced to prevent the employee from working in close proximity to bales of waste stacked inside the transport trailer;
• ensure the employee received adequate information, instruction and training in relation to working in close proximity to bales of waste stacked inside the trailer; and
• adequately supervise the employee to ensure that he did not work in close proximity to bales of waste stacked inside the trailer.

s19(1): $11 200
r6.6.2: $3 200

9/4/09 ACQUISTA INVESTMENTS PTY LTD (ACN 008 048 922): was convicted and fined $37 500 plus costs after pleading not guilty to a breach of s19(1).  On 19 January 2005, an employee suffered fractures to his pelvis, knee and a vertebrae in his lower back when he was unexpectedly struck down and pinned by compressed waste bales falling from a stack while he was sweeping debris from a waste transport trailer.

The company failed to:

• ensure appropriate steps were taken to identify all reasonably foreseeable hazards arising from the task of sweeping debris from the trailer, and to then assess and minimise the associated risks,
• ensure adequate safe systems of work were implemented and enforced to prevent the employee from working in close proximity to bales of waste stacked inside the transport trailer,
• ensure the employee received adequate information, instruction and training in relation to working in close proximity to bales of waste stacked inside the trailer, and
• adequately supervise the employee to ensure that he did not work in close proximity to bales of waste stacked inside the trailer.

27/3/09 RM WILLIAMS PTY LTD (ACN 007 527 166): was convicted and fined $14 400 plus costs after pleading guilty to a breach of s19(1) and r6.6.2.  On 23 February 2007, a 21-year-old employee sustained injuries to the nail beds of two fingers, a fractured finger bone and a severe shock reaction after her fingertips were trapped and crushed in the logo-stamping machine she had been operating.

The company failed to:

• carry out an adequate hazard identification and risk assessment of the machine,
• provide adequate safety control measures, and
• notify SafeWork of an immediately notifiable work related injury suffered by an employee.

13/3/09 BRADKEN RESOURCES PTY LTD (ACN 098 300 988): was convicted and fined $20 000 plus costs after pleading guilty to a breach of s19(1).  On 29 September 2006, a 32-year-old employee sustained amputation of the tip of his middle finger and lacerations to his ring finger after his fingers were trapped between a metal casting and the chock he had been placing beneath it.

The company failed to:

• ensure appropriate steps were taken to identify all reasonably foreseeable hazards arising from lifting castings by gantry crane, and to assess and minimise the associated risks,
• ensure there was a safe system for lifting castings by gantry crane, and
• ensure the employee received adequate information, instruction and training in relation to lifting castings by gantry crane.

11/3/09 JOBS STATEWIDE INCORPORATED (Corporation Registration Number 000A12806): was fined $9,000 plus costs without conviction after pleading guilty to a breach of s19(1).  On 16 January 2006, a 42-year-old employee sustained injuries when his foot was trapped by a foaming press when the machine was started while he was removing a build up of foam.

The company failed to:

• ensure that an adequate hazard identification and risk assessment had been performed in respect of the press;
• ensure safe operating procedures were provided for cleaning and maintaining the press,
• ensure a system was in place to lock out or isolate the press from operation while employees were in the machine for cleaning and maintenance purposes,
• maintain an effective system of site visits to ensure the employee was only undertaking his specified duties,
• ensure adequate instruction and training was provided in relation to safe operation and safe procedures for cleaning and maintaining of the press,
• implement an adequate system for assessing the effectiveness of training, supervision or induction provided by the host employer, and
• implement an adequate system of checks and audits to ensure the host employer had written, documented and enforced safe operating procedures for the press.

27/2/09 EAST WEST FURNITURE PTY LTD (ACN 114 945 014): was convicted and fined $19 200 plus costs after pleading guilty to one breach of s19(1) and one of r6.6.2. On 14 March 2006, a 21-year-old employee suffered amputation of his middle finger (subsequently reattached) just below the first joint while operating a panel saw.

The company failed to:

• ensure a hazard identification and risk assessment was prepared and a safe operating procedure in place for the use of the panel saw,
• ensure the guard of the panel saw was adjusted to protect as much of the saw as possible with the clearance between the guard and the work in hand reduced to a practicable minimum,
• ensure that the employee was adequately trained in the safe use of the panel saw, and
• notify SafeWork SA of the injury by telephone or facsimile as soon as practicable after the injury was suffered by its employee. 

13/2/09 ISS PROPERTY SERVICES PTY LIMITED (ACN 003 562 203): was convicted and fined $11 250 plus costs after pleading guilty to a breach of s19(1). On 7 April 2006, an employee sustained crush injuries to three fingers when it was caught in the rubbish compacting machine she was operating.

The company failed to:

• conduct any hazard identification and risk assessment for the use of the compactor;
• develop and implement a safe operating procedure for the use of the compactor; and
• ensure that the employee was adequately instructed in the safe operating procedure for the compactor.

13/2/09 PORT LINCOLN TUNA PROCESSORS PTY LTD (ACN 107 745 333): was convicted and fined $15 000 plus costs after pleading guilty to a breach of s19(1). On 26 May 2006, an employee sustained multiple fractures and a disclocation to his right foot when the lid of a fish bin fell and landed on his foot.

The company failed to:

• undertake an adequate hazard identification and risk assessment for the unloading and cleaning of tuna bins,
• develop and implement a safe operating procedure for unloading and cleaning tuna bins and in particular the lifting or moving of bin lids, and
• adequately instruct the employee with respect to a safe method for unloading and cleaning tuna bins and in particular for lifting and moving bin lids.

13/2/09 M DEKKER CONSTRUCTIONS PTY LTD (ACN 079 428 890): was convicted and fined $72 000 (reduced to $20 000 due to the defendant's financial position) after pleading guilty to one breach of s19(1) and one of s22(2). On 2 March 2006, two of its employees and two employees of another subcontractor were injured or at risk of injury when a roof section of the steel structure they were erecting collapsed.

The company failed to:

• ensure appropriate steps were taken to identify all reasonably foreseeable hazards associated with the erection of the roof sections and to then assess and minimise the associated risks,
• ensure temporary bracing was used during the erection of the steelwork to ensure stability of the supporting columns of the structure once roof sections had been lifted and bolted onto the columns, and
• ensure two employees of the other subcontractor were not adversely affected by the defendant?s omission to use temporary bracing during the erection process.

13/2/09 PMP (SA) & ASSOCIATES PTY LTD (ACN 008 130 881): was convicted and fined $30 000 plus costs after pleading guilty to a breach of s19(1). On 13 May 2005, an employee sustained serious leg and arm injuries when he was knocked down and run over by a front-end loader.

The company failed to:

• ensure reasonable traffic control to minimise the danger caused by movement of vehicles and in particular the front-end loader;
• ensure there were adequate safe systems of work to minimise the risk caused by moving vehicles; and
• provide such information, instruction, training and supervision as was reasonably necessary to minimise the risk caused by moving vehicles.

30/1/09 OLGA'S FINE FOODS PTY LTD (ACN 008 293 043): was convicted and fined $18 000 plus costs after pleading guilty to a breach of s19(1). On 21 April 2006, a 50-year-old employee sustained a deep laceration to her hand and a broken finger after her hand was caught in a product forming machine when she accidentally pressed the start button while cleaning away excess meat.

The company failed to:

• carry out an adequate hazard identification and risk assessment in relation to the hazards associated with operating and cleaning the machine;
• ensure the machine was not operated unless guarding was in place to prevent access to moving parts;
• provide and maintain adequate guarding around the moving parts to prevent access while the machine was in operation;
• provide a readily accessible emergency stop device;
• provide adequate information, instruction, training and supervision to the employee with respect to the safe operation and cleaning of the machine; and
• ensure the employee was adequately supervised in that the employee was permitted to operate the machine without adequate guarding in place to prevent access to moving parts.

23/1/09 ALOREN (NO 44) PTY LTD (ACN 008 191 866): was convicted and fined $16 000 plus costs after pleading guilty to a breach of s19(1). On 21 December 2006, a 17-year-old employee sustained severe lacerations to her wrist and forearm when she slipped and was cut by glass from a smashed vase.

The company failed to:

• conduct an adequate hazard identification and risk assessment process for the work activities carried out in the washing area,
• provide adequate drainage to the floor of the back room, particularly in the washing area between the sink and the bench,
• apply an adequate slip-resistant surface to the floor of the back room, particularly where the floor surface was tiled or sealed brick,
• conduct an adequate hazard identification and risk assessment process in relation to the task of emptying, washing, refilling and handling vases,
• provide and maintain adequate control measures in relation to the task of emptying, washing, refilling and handling vases, and
• provide and maintain an adequate safe work procedure in relation to the task of emptying, washing, refilling and handling of the vases.