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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.