Court imposes $150, 000+ fine on labour hire company

The South Australian Industrial Court recently imposed a penalty of $150 000 plus court costs to a Queensland based labour hire company for failing to provide and maintain a safe work environment.
On 22nd October 2012, a contracted employee of the labour hire company was working on the South Road Superway project, when his head was crushed between a lifting arm and welding table, suffering life threatening injuries.
Following investigation by SafeWork SA, the labour hire company was charged with offences under the then Occupational Health Safety and Welfare Act 1986 (SA), for failure to ensure its employee was safe from injury and risk to health whist at work, as far as was reasonably practicable.
SafeWork SA executive director, Marie Boland said it is the responsibility of the labour hire company to ensure hazard identification and risk assessments are completed at the host workplace before employees commence work. Boland added “this conviction reinforces that a labour hire company has a work health and safety duty to employees which cannot be delegated to others including joint venture partners”.
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