Summary of Fines

WorkSafe State bodies around the nation have been busily enforcing the WHS laws, and as a result, numerous fines have been dished out:

• A $10,500 penalty (plus costs) against Olgas Fine Foods Pty Ltd for failing to provide a safe workplace. A worker suffered a crush injury to the hand in January of 2013 when checking the drive chain of an automated conveyor;
• A $95,000 penalty, plus $6,000 in costs against WA’s Total Landscape Redevelopment Service Pty Ltd for failing to ensure the safety of a person who was not an employee. In the same incident, The City of Stirling was also fined $20,000;
• A $12,000 penalty (plus costs) against Clare Country Club Pty Ltd after an employee sustained superficial burns to the face when a methylated spirits ignited whilst the employee was refuelling the burners bain-marie;
• A $48,000 penalty (plus costs) against Empire Pavers Pty Ltd when a 35 year old employee sustained multiple fractures to the lower leg in an attempt to unjam a paver stacking machine;
• A $27,000 penalty (plus costs) against Allstate Communications Pty Ltd after a bedside monitor fell onto the legs of a 70 year old patient at Port Augusta Hospital;
• A $71,250 penalty (plus costs) and a magistrate order to publish details of the offence on its website for two years against Badge Constructions (SA) Pty Ltd. The offence was a result of injuries sustained to a 50-year-old worker who was struck when newly constructed stairs collapsed. The defendant failed to ensure an inspection system was in place; and all such inspections were performed, recorded and reported to the employer for follow-on action;
• An $80,000 penalty (plus costs) against Tru-Coat Pty Ltd for failing to provide and maintain a safe system of work. A 22 year old worker suffered compound fractures and a shattered left tibia when a steel beam fell onto his thighs;
• A $26,500 penalty (plus costs) against Allan Metal Fabrications Pty Ltd for failing to maintain a safety switch. An 18 year old employee suffered two fingertip amputations while operating a sheet metal guillotine;
• A $56,250 penalty (plus costs) against Onesteel Manufacturing Pty Ltd for failing to identify and replace missing door guides and a worn door lock on a maintenance lift. The conviction was not due to an injury or near-miss, merely a workplace inspection;
• A $41,250 penalty (plus costs) against Tastemaster Pty Ltd for failing to ensure the safety interlock supplied with a cutter assembly, was functional whilst the plant was operated. As a result, a 54 year old employee sustained serious injuries to his hand when it made contact with the spinning cutter blades. Furthermore, Andrew Fotheringham, as the responsible officer, failed to take reasonable steps to ensure compliance by Tastemaster Pty Ltd, with its obligations under the Act in that he failed to ensure the plant was not operated when the safety interlock supplied with the cutter assembly was disabled, as such, he was also convicted and fined $11,250; and
• A $59,500 penalty (plus costs) against PJ & T Motors Pty Ltd for failing to conduct an adequate risk assessment and hazard identification on a work task; and comply with section 10 of the defendants Safety Manual concerning working at heights. As a result, a 29 year old employee sustained injuries to both arms when he fell from a 2.6 metre-high diesel tank upon which he was performing work.

As you can see by the aforementioned prosecutions, convictions weren’t restricted to the at fault organisation (as per the Tastemaster Pty Ltd and Andrew Fotheringham case). Furthermore, as per the case against Onesteel Manufacturing Pty Ltd, an accident or incident is not a pre-requisite to a successful conviction, prosecution and subsequent fine.

Remember, everyone has a responsibility to make the workplace as safe as possible – it’s as simple as identifying the hazards and risks, and assessing those hazards and risks via a risk assessment to ensure no one is exposed to harm.