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Prosecutions

Prosecutions which result in a finding of guilt or conviction.

 

2017

Soulio v Duraform Productions (Australia) Pty Ltd

08/12/2017 Duraform Productions (Australia) Pty Ltd (ACN 087 439 610): were convicted and fined $60,000 (after a 40% reduction) after pleading guilty to sections 19(1) and 32 of the Work Health and Safety Act 2012 (SA). On 19 May 2016 a worker sustained a serious crush injury to the left hand while working on a laminating machine.

The defendant failed to:

  • ensure, so far as was reasonably practicable, the plant was safe, by failing to provide adequate fixed guarding which prevented access to the roller.

Soulio v Unifresh Processors Pty Ltd

08/12/2017 Unifresh Processors Pty Ltd (ACN 008 297 103): were convicted and fined $52,500 (after 30% reduction) after pleading guilty to sections 19 and 32 of the Work Health and Safety Act 2012 (SA). On 11 May 2015 a worker sustained injuries which resulted in the partial amputation of three fingers while operating a dicing machine.

The defendant failed to:

  • ensure, so far as was reasonably practicable, the provision and maintained of a safe system of work in relation to the plant, namely a system of work based on adequate hazard identification and risk assessment, which ensured that an adequate safe operating procedure for the plant was provided and maintained
  • and failed to ensure, so far as was reasonably practicable, the provision of information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out on or near the plant, as part of the conduct of the defendant's business or undertaking, namely, information, training, instruction or supervision which ensured that workers were aware of and understood the contents of the safe operating procedure in relation to the plant.

Soulio v DSAP Pty Ltd

24/11/2017 DSAP Pty Ltd (ACN 008 017 212): were convicted and fined $2,000 (after a 40% reduction) after pleading guilty to a breach of Regulation 368(a) of the Work Health and Safety Regulations 2012 (SA). Between 20 June 2015 and 2 March 2016 the defendant failed to provide health monitoring to workers.

Boland v Balhahn Pty Ltd t/as Balhannah Mitre 10

28/9/2017 Balhahn Pty Ltd t/as Balhannah Mitre 10 (ACN 163 968 170): were convicted and fined $85,000 (after a 15% reduction) after pleading guilty to a breach of s 19(1) and s 32 of the Work Health and Safety Act 2012 (SA). On the 8 December 2015, two employees were injured when two heavy steel tubes weighing between 60 and 80kg fell from the raised tines of a stationary forklift.

The defendant failed to:

  • provide and maintain a safe system of work for the movement of stock using forklift trucks on its premises
  • and provide such information, instruction and training as was reasonably necessary to ensure the employees' safety.

Soulio v Rota Forma Pty Ltd t/as Olympic Industries

14/8/2017 Rota-Forma Pty Ltd t/as Olympic Industries (ACN 007 858 657): were convicted and fined $99,000 (after a 40% reduction) after pleading guilty to a breach of s 19(1) and s 32 of the Work Health and Safety Act 2012 (SA). On 13 May 2015 a worker suffered a serious hand injury when it was crushed by a moving part of a large industrial guillotine.

The defendant failed to:

  • comply, so far as was reasonably practicable, with its health and safety duty to its employee, thereby exposing the employee to a risk of serious injury
  • provide and maintain the guillotine in a safe condition, by failing to ensure an interlocked guard had been fitted to prevent access to and contact with hazardous movement of the support arm.

Boland v C J & Sons Amusements Pty Ltd and Jenny-Lee Sullivan

13/7/2017 C J & Sons Amusements Pty Ltd and Jenny-Lee Sullivan (ACN 157 759 290): were convicted after the first and second defendant pleads guilty to breaches: s19(2), 27, 32 and 42(1) Work Health and Safety Act 2012 (SA). The charge relates to an incident on 14 September 2014 when a child was flung from an amusement ride, owned and operated by C J & Sons Amusements Pty Ltd.

The first defendant failed to:

  • Provide and maintain, so far as was reasonably practicable, plant in safe condition, in that it failed to ensure that Ms Leong's restraint harness eliminated or minimised the risk of death or serious injury resulting from being ejected from the device during its operation.
  • Ensure, so far as was reasonably practicable, the provision of and maintenance of safe systems of work to eliminate or minimise the risk to Ms Leong of death or serious injury from being ejected from the device while it was in operation.
  • Register the devices design in accordance with the Work Health and Safety Regulations 2012.

The second defendant failed to:

  • exercise due diligence to ensure that the first defendant complied with its health and safety duty
  • exercise due diligence to ensure that the first defendant complied with its duty under section 42(1) of the Act.

Given the inability to pay, Magistrate Ardlie proceeded under the provisions of s13 of the Criminal Law (Sentencing) Act 1988 which in part state:

"The court must not make an order requiring a defendant to pay a pecuniary sum (other than a Victim of Crime levy) if the court is satisified that the means of the defendant, so far as they are known to the court, are such that - the defendant would be unable to comply with the order".

The penalties imposed if the defendants were in a position to pay are as follows:

  • Count 1 (first defendant) $120,000 (the maximum sitting as an Industrial Magistrate is $300,000) reduced by 30% resulting in a fine of $84,000.
  • Count 2 (first defendant) $15,000 reduced by 30% resulting in a fine of $10,500.
  • Count 6 (second defendant) $85,000 reduced by 30% resulting in a fine of $59,500.
  • Count 7 (second defendant) $5,000 reduced by 30% resulting in a fine of $3,500.
  • Compensation of the maximum amount of $20,000 would have been awarded.

Charges were withdrawn against the third defendant, Clinton Watkins.

Boland v NDA Australia Pty Ltd

7/7/2017 NDA Australia Pty Ltd (ACN 005 709 651): were convicted and fined $39,000 (after a reduction of 40%) after pleading guilty to a breach of s19(1) and 32 of the Work Health and Safety Act 2012 (SA). On 27 October 2015, a worker was injured acting as a spotter and assisting a co-worker who was operating a forklift transporting steel pipe. The worker was walking alongside the moving forklift using his hands to steady the pipe. During the process the worker was injured when the forklift ran over his foot.

The defendant failed to:

  • ensure so far as was reasonably practicable that it provided and maintained a safe system of work for the performance of the task in that it failed to provide and maintain a written safe work procedure for transporting pipes.
  • ensure so far as was reasonably practicable that it provided such information instruction, supervision and training as was necessary to protect the worker from injury and risk to health.

Boland v Kentucky Fried Chicken Pty Ltd [2017] SAIRC 16

4/5/2017 Kentucky Fried Chicken Pty Ltd (ACN 000 587 780): were convicted and fined $105,000 (after a reduction of 40%) and ordered to pay reparations of $15,000 to the victim after pleading guilty to a breach of s32 (as read with s19) of the Work Health and Safety Act 2012 (SA). On 15 May 2015, a worker was injured when he tripped and fell into a tray containing hot oil that was located on the floor of the kitchen. The worker sustained second and third degree burns to his lower back, buttocks, right elbow and left shoulder. He remained an inpatient for two weeks.

The defendant failed to:

  • ensure so far as was reasonably practicable that the kitchen floor was clear of slipping and tripping hazards whilst people were required to work in that area
  • provide and maintain a safe work procedure for filtering oil and cleaning the Henny Penny deep fryer ("the cooker")
  • provide workers performing tasks associated with the cooker with adequate information, instruction, training, or supervision necessary, so far as was reasonably practicable

Boland v Saxon Energy Services Australia Pty Ltd [2017] SAIRC 12

14/4/17 Saxon Energy Services Australia Pty Ltd (ACN 137 534 993): was convicted and fined $210,000 after pleading guilty to a breach of s32 (as read with s19) of the Work Health and Safety Act 2012 (SA). On 28 April 2013, two workers suffered serious crush injuries while working on the floor of a drilling rig in the Cooper Basin. The injured workers were operating manual tongs on the rig floor, assisting the driller with the task of unscrewing pipe joints. A second operator was inside the control room using a touchscreen to control the cables and tongs. While attempting to retract the tong cables the control room operator inadvertently extended the Hydraulic arm of the ST-80 Iron Roughneck trapping the workers.

The company failed to ensure to minimise the risk that the ST 80's arm might be operated by a computer terminal other than the driller's computer terminal.

2016

Boland v Fix Force (Qld) Pty Ltd [2016] SAIRC 16
27/5/16 FIX FORCE (QLD) PTY LTD (ACN 145 214 124): was convicted ex parte and fined $150,000 plus costs after failing to appear in relation to a breach of s19(1) of the Occupational Health Safety and Welfare Act 1986. On 22 October 2012, a 26 year old employee suffered crush injuries to his head, neck and face when he was pinned against a welding table by a hydraulically powered lifting arm.

 

 The company failed to:

  • provide and maintain, so far as was reasonably practicable, a safe work environment, in that it required the employee to work in the workshop where there was a risk of being crushed by the lifting arms because the host employer had failed to take adequate engineering methods to eliminate or minimise the risk.
  • ensure so far as was reasonably practicable that prior to the employee being required to work in the workshop, the host employer provided the table in a safe condition.

Boland v Trainee and Apprentice Placement Service Inc [2016] SAIRC 14
18/5/16 TRAINEE AND APPRENTICE PLACEMENT SERVICE INC (ABN 42 616 617 976): was convicted ex tempore and fined $12,000 plus costs after pleading guilty to a breach of s46 of the Work Health and Safety Act 2012. On 15 January 2014, a 21 year old employee sustained an electric shock and serious injuries when the length of guttering he was manoeuvring onto scaffolding came into contact with high voltage over head power lines.

The defendant failed to consult, co-operate and co-ordinate activities with other duty holders in relation to their shared health and safety duty.

Director of Public Prosecutions v Narroway [2016] SAIRC 12
29/4/16 SAMUEL NARROWAY: was convicted and fined $15,000 after pleading guilty to seven breaches of s189 of the Work Health and Safety Act 2012. Between 6 October 2013 and 28 February 2014, Mr Narroway held himself out to be an inspector when he was not appointed under the Workplace Health and Safety Act 2012.

Boland v Big Mars Pty Ltd [2016] SAIRC 11
27/4/16 BIG MARS PTY LTD (ACN 155 091 179): was convicted and fined $240,000 after pleading guilty to a breach of s32 (as read with s19) of the Work Health and Safety Act 2012. On 6 November 2013, a 21 year old labour hire employee sustained serious burns to all skin below the waist when he fell into a bath of sodium hydroxide (caustic soda).

The company failed to:

  • implement an adequate system of site specific hazard analysis and risk assessment of the host employer's premises,
  • implement an adequate system of checks or audits to ensure the host employer provided and maintained adequate written safe operating procedures,
  • provide or ensure provision of a written translation of the work instruction in the employee's native language,
  • implement an adequate system to assess the effectiveness of the training and supervision provided by the host employer, and
  • provide adequate information, instruction or training to the employee regarding generic occupational health and safety matters relevant to his job, and the host employer and his work tasks including hazards in the workplace and their control.

Boland v Rosier [2016] SAIRC 9
18/4/16 ANTHONY ROSIER: was convicted and fined $24,000 for breaches of s43(1) (as read with r485(1)) and s268(1)(a) of the Work Health and Safety Act 2012, and rr466(1), 464(3) and 475(2) (as read with r726) of the Work Health and Safety Regulations 2012. On 9 September 2014 and on 15 and 16 December 2014, Mr Rosier undertook licenced asbestos removal work.

Mr Rosier:

  • removed friable asbestos while not being the holder of a Class A licence authorising the removal of friable asbestos,
  • commenced licensed asbestos removal work without giving written notice to the regulator,
  • failed to give a copy of the asbestos removal control plan to the person who commissioned the work,
  • failed to ensure that an independent licensed asbestos assessor undertook air monitoring, and
  • gave information in complying or purportedly complying with the Work Health and Safety Act 2012 that he knew to be false or misleading.

Soulio v Chives North Pty Ltd [2016] SAIRC 5
24/3/16 CHIVES NORTH PTY LTD (ACN 160 855 078): was convicted and fined $7,000 plus costs after pleading guilty to a breach of s33 (as read with s19) of the Work Health and Safety Act 2012. On 27 October 2013, a 25 year old employee suffered soft tissue and nerve damage when her right hand became trapped in the unguarded rollers of a dough rolling machine.

The company failed to ensure the machine's rollers were guarded to minimise the extent to which any user could become entrapped in the rollers.

Soulio v Gambier Earth Movers Pty Ltd [2016] SAIRC 6
23/3/16 GAMBIER EARTH MOVERS PTY LTD (ACN 007 644 126): was convicted and fined $111,000 plus costs after pleading guilty to a breach of s32 (as read with s19) of the Work Health and Safety Act 2012. On 16 October 2013, a 59-year-old employee suffered amputation of his dominant arm above the elbow when he tripped and fell into an unguarded screening machine.

The company failed to ensure the machine's conveyor was guarded by a physical barrier which was interlocked to prevent access to the conveyor when it was operational, could only be altered or removed by the use of tools, and complied with AS1755 2000 'Conveyors - Safety requirements'.

Soulio v Aston Newman Timbers Pty Ltd [2016] SAIRC 4
2/3/16 ASTON NEWMAN TIMBERS PTY LTD (ACN 007 688 039): was convicted and fined $57,000 after pleading guilty to a breach of s32 (as read with s19) of the Work Health and Safety Act 2012. On 25 November 2014, a 36 year old employee suffered amputation of his thumb while attempting to unblock an extraction hose on a timber saw while the saw was still running.

The company failed to replace damaged guarding on the saw with guarding which would reduce or eliminate the risk of a user placing their hand in the path of the saw's blade while the machine was running.

16/2/16 TRAMS (SA) PTY LTD (ACN 104 129 580): was convicted and fined $60,000 ex tempore after pleading guilty to a breach of s32 of the Work Health and Safety Act 2012. On 22 October 2013, a 42 year old employee suffered amputation of four fingers while dismantling a lift car while an adjacent lift was in normal operation.

The company failed to:

  • provide protective screening between the lifts in the common lift well,
  • ensure the worker did not work in the common lift well unless adequate protective screening had been installed or the second lift had been isolated, and
  • provide information, instruction, training and supervision to the worker in relation to not working in a common lift well unless adequate protective screening has been installed  or the second lift has been isolated.

15/2/16 GEORGE McQUINN: was convicted and fined $15,000 ex tempore (reduced from $45,000 due to Mr McQuinn's financial position) after pleading guilty to a breach of s32 (as read with s19(1)) of the Work Health and Safety Act 2012. On 10 September 2013, a 28 year old employee suffered fractures to his spine and torn ligaments in his neck after falling through a stairwell void while working on the second floor of a two storey dwelling under construction.

Mr McQuinn failed to ensure that the void was covered while the worker was on the first floor of the building.

2015

Boland v Gogall t/as SA Quality Sheds [2015] SAIRC 35
25/11/15 SIMON GOGOLL TRADING AS SA QUALITY SHEDS
: was convicted and fined $45,000 plus costs after pleading guilty to a breach of s32 (as read with s19(2)) of the Work Health and Safety Act 2012. On 15 May 2013, a 23 year old employee suffered an electric shock while he and two colleagues were in an elevated work platform installing a four metre steel railing on a shed that was being constructed directly below a live 19,000 volt power line.

Mr Gogoll failed to:

  • undertake an adequate hazard identification and risk assessment prior to the performance of the task;
  • provide a documented safe work procedure; and,
  • provide adequate information, instruction and supervision to the workers.

18/09/15 TRADING METALS PTY LTD (ACN 095 613 399): was convicted and fined $39,000 plus costs after pleading guilty to a breach of s32 of the Work Health and Safety Act 2012. On 27 March 2014, a truck driver suffered a crush injury to his finger when it was trapped between the curtain rail of a trailer and a pallet that was knocked during loading while he was holding back the curtain.

The magistrate found that the company failed to:

  • ensure there was a marked pedestrian exclusion zone around a truck or trailer when it was loaded or unloaded,
  • prohibit the use of forklifts to load or unload a truck or trailer until a marked exclusion zone was in place and no person was present in the exclusion zone, and
  • direct truck drivers to stay in the vehicle or a safe waiting area or safety zone positioned so the forklift operator could maintain visual contact with the truck driver while operating the forklift.

06/05/15 CHERIDA PALMER: was fined $300 without conviction after pleading guilty to a breach of regulation 13.02 of the Explosives Regulations 2011. On 4 September 2013, Ms Palmer brought 1.32 tonnes of fireworks into South Australia without giving the required minimum two clear working days' notice in writing to the Chief Inspector.

Russell v Leonhard Kurz (Aust) Pty Ltd [2015] SAIRC 13
20/5/15 LEONARD KURZ (AUST) PTY LTD (ACN 000 810 800): was convicted and fined $42,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 18 December 2012, a 35 year old employee sustained amputation of her arm below the elbow after her hand was caught in the exposed rotating parts of plant used to cut paper roll cores to length.

The magistrate found that the company failed to provide and maintain a written safe operating procedure for the use of the plant that was displayed prominently near the plant, and which clearly prohibited:

  • operation of the plant in manual mode, unless operation required both hands of the operator to be continuously held on two run function buttons throughout the entire cutting sequence, and
  • the use of gloves while operating the plant.

06/05/15 CHERIDA PALMER: was fined $300 without conviction after pleading guilty to a breach of regulation 13.02 of the Explosives Regulations 2011. On 4 September 2013, Ms Palmer brought 1.32 tonnes of fireworks into South Australia without giving the required minimum two clear working days' notice in writing to the Chief Inspector.

Smith v IKCSHEDS Pty Ltd [2015] SAIRC 8
09/04/15 IKCSHEDS PTY LTD (ACN 140 531 835): was convicted and fined $87,000, which was reduced on financial hardship grounds to $10,000 plus costs, after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 30 August 2012, a 17 year old employee sustained fractured vertebrae T8 through to T10 and a fractured sternum after falling approximately 5.8 metres through a polycarbonate sheet while installing roof sheeting on a newly constructed shed.

The magistrate found that the company failed to:

  • provide and maintain safe work procedures with the absence of safety mesh across the entire roof and a perimeter guardrail to encapsulate the roof;
  • ensure that all persons working at heights wore harnesses attached to a travel restraint or fall arrest system;
  • provide and maintain appropriate safety measures which ensured that where possible, steel roof sheets were weathered on the ground, safety mesh was installed underneath all polycarbonate roof sheets, and crawl boards were supplied and used to traverse the polycarbonate sheets;
  • ensure the employee was adequately trained to work safely at heights; and
  • ensure the employee fully understood the particular safety measures required when working on a roof with polycarbonate sheets.

Perry v Bellard Pty Ltd [2014] SAIRC 23, Bellard Pty Ltd v Perry [2015] SAIRC 7
09/04/15 BELLARD PTY LTD (ACN 083 523 433): was convicted and fined $87,500 plus costs after pleading guilty to a breach of s23(a) of the Occupational Health, Safety and Welfare Act 1986. On 26 September 2011, a 17-year-old contractor suffered multiple injuries - displaced femoral shaft fracture, back injury, deep lacerations to the head, and five chipped teeth - when he fell eight metres down a lift shaft void while assisting with a concrete pour on the first floor of a multi-storey dwelling under construction.

The magistrate found that the company failed to ensure that the workplace was maintained in a safe condition with the presence of an exposed lift shaft at the site.

26/3/15 PORT ADELAIDE SALVAGE PTY LTD (ACN 101 249 405): was convicted and fined $12,000 plus costs after pleading guilty to breaches of Regulations 202(1) and 207(3) of the Occupational Health, Safety and Welfare Regulations 2010. On 28 November 2012, the company arranged for the removal of the eaves, which contained asbestos, of a house it had been contracted to demolish.

The company carried out the asbestos removal work without holding a current asbestos removal licence and without undertaking continuous atmospheric monitoring.

29/1/15 HUNGRY JACKS PTY LTD (ACN 008 747 073): was convicted and fined $90,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986.

On 5 June 2012, a 17-year-old employee sustained burns to his arms and torso after he slipped and fell into the open top of a mobile filtration unit he was using to filter cooking oil from the deep fryers.

The company failed to:

  • ensure the internal filtering component of the deep fryer was operative so the filtration process did not require oil to be filtered externally to the deep fryer, and
  • provide and adequately maintain a procedure which ensured that employees received proper medical treatment as soon as reasonably practicable after a significant injury.