Victorian courts order local businesses to pay record $6.2 million in penalties over health and safety breaches in 2015-16

WorkSafe Victoria have revealed that over the 2015-16 financial year, 108 businesses and 21 individuals were fined totalling more than $6.2 million.

Of the 108 businesses, almost 40 were from construction sector. The worst offenders included:
A piling, foundations and ground engineering company which was convicted and fined $750,000 over the death of a worker who fell more than 40 metres when the mast of a piling rig collapsed at Southbank in 2011.
A mining services provider, which was convicted and fined a total of $600,000 following two incidents involving an overloaded barge working on the Patterson River. One of the incidents involved the barge capsizing, throwing three workers into the water and trapping one in the excavator in the water, seriously injuring him.
A residential builder, which was convicted and fined $300,000 over an incident in which a carpenter died after being crushed by a brick wall on a construction site at Brighton East in 2014.
A sign company, which was convicted and fined $250,000 over its involvement in the attachment of a timber hoarding to a wall which increased the risk of the wall collapsing at Carlton. The wall collapsed and killed three people in 2013.

A significant number of businesses in the manufacturing sector were also prosecuted. They included:
A conveyer belt manufacturer, which was fined $90,000 over an incident in 2014 in which an employee suffered serious arm injuries when he became caught in machinery beneath a moving conveyer belt.
A caravan manufacturer, which was convicted and fined $80,000 over an incident in 2014 in which an employee had two fingers severed while using an unguarded router.
A Chicken processer, which was convicted and fined $60,000 over an incident in 2014 where an employee suffered serious hand and arm injuries when she became caught in a giblet processor.

WorkSafe Chief Executive, Clare Amies, said the record amount of fines imposed by the courts in 2015-16 was a reminder to businesses and individuals of the significant penalties they faced if they did not comply with their health and safety obligations.

“WorkSafe is committed to improving workplace health and safety and, if it is found that employers have failed to provide a safe working environment for their workers, they can expect to face large fines and significant damage to their reputation,” Ms Amies said.

Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare all safety documentation to demonstrate compliance. Call us now 1300 789 132 or email us at enquiries@isosafe.com.au, to learn more about our services for businesses and their owners.

Sydney car auction company fined more than $250,000 after death of forklift operator

A Sydney car auction company has been fined more than a quarter of a million dollars after a forklift operator was killed while unloading a truck at Milperra, NSW in 2013.
A 36 year old forklift operator and a 19 year old labourer were moving a cabinet from a truck onto a forklift at the company’s motor vehicle storage and auction site, when they both lost control of the load. The incident resulted in the death of the forklift operator and the labourer was left with fractured ribs and an injured knee.
SafeWork NSW charged the company with a breach of the Work Health and Safety Act 2011 for failing to ensure the health and safety of workers.
The company were found guilty by the District Court in June this year and fined $255,000.
Executive Director of SafeWork NSW, Peter Dunphy said the incident highlighted the risks of working with forklifts and need to provide effective supervision and support to young workers.
“Forklifts continue to be a major factor in workplace deaths and injuries,” Mr Dunphy said.
“Between July 2012 and July 2014, 1,360 workers were injured in forklift incidents, including five fatalities.
“The social and economic impact is also significant, including a cost of $15.8 million to the NSW workers compensation scheme.
“Young workers make up approximately 12 per cent of all employment injuries and occupational diseases across the State, and are more vulnerable to workplace safety risks because of their inexperience or reluctance to speak up about safety concerns.
“Our investigation found that a lack of safety systems, instruction and supervision were major contributors to this incident.
“The company failed to train and instruct the workers how to safely remove the cabinet from the truck and did not tell them which forklift could safely carry the cabinet."
“This resulted in the workers selecting the wrong sized forklift with tragic results.”
“This incident highlights the need for employers to have appropriate systems in place to ensure that all workers, particularly young workers, receive sufficient training and support to work safely.”
Failure to manage health and safety can result in serious incidents. So, as well as putting staff wellbeing at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare safe systems of work, safety instructions and all other documentation you require. Call us now 1300 789 132 or email us at enquiries@isosafe.com.au, to learn more about our services for businesses and their owners.

Nearly a million dollars in safety fines after bricklayer almost killed

A Granville bricklaying company and its director have been fined nearly three quarters of a million dollars after a worker almost died from electric shock on a Hammondville construction site in 2012.
The worker had been installing vertical metal bars into brickwork at a residential and commercial construction when he made contact with overhead power lines, suffering electrical burns to his hands, arms and torso. After being pronounced dead at the scene, he was revived by the Director.
SafeWork NSW charged the bricklaying company and its director for failing to comply with the Work Health and Safety Act 2011 (NSW). The judge found that the Director of the company failed to exercise due diligence by not checking that the scaffold was a safe distance from power lines and verifying that a risk assessment had been conducted.
Two other companies, at the same site, were fined $500,000 in 2014 and $75,000 in 2015 respectively, over the incident.
Executive Director of SafeWork NSW, Peter Dunphy said the incident could have been prevented if the business had a few simple safe work systems in place.
“There was a clear risk that the bricklayer could receive a potentially deadly electric shock if they came into contract with the power lines while working from the scaffolding,” Mr Dunphy said.
“The Director should have verified that a safety assessment had been conducted, ensured the scaffolding was a safe distance from power lines and advised the bricklayer of the risk.
“Unfortunately, this did not occur and the bricklayer almost died in an incident that was completely preventable.
“Fines from this incident now total almost three quarters of a million dollars, serving as a strong deterrent to those in the construction industry thinking about ignoring safety laws.”
Failure to manage health and safety can result in serious incidents. So, as well as putting staff wellbeing at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare safe systems of work, safety instructions and all other documentation you require. Call us now 1300 789 132 or email us at enquiries@isosafe.com.au, to learn more about our services for businesses and their owners.

Sydney construction company fined $240,000 by SafeWork following explosion

The blast took place on a residential construction site in Eastwood, NSW, when a worker attempted to remove three underground petrol storage tanks using an excavator. The explosion heavily damaged nearby structures and even broke the windows of several buildings across the road.
SafeWork NSW charged the construction company, with a breach of the Work Health and Safety Act 2011 for failing to ensure the health and safety of workers and others.
SafeWork’s investigation found that the company hired an unqualified contractor to remove the tanks.
Executive Director of SafeWork NSW, Peter Dunphy said although no one was injured in the explosion, the incident could have been catastrophic.
“Storage tanks that previously contained flammable liquids or gases must be handled with extreme care as there can be vapors which, even after many years, may ignite when exposed to heat,” Mr Dunphy said.
“Businesses and workers should take extreme care working near or on items that contain chemical residue, especially solvents.
“It is extremely fortunate that the contractor and people in nearby buildings were not killed or injured in the explosion.”
Mr Dunphy added that the company also failed to provide notice of their planned demolition work.
“The company failed to notify SafeWork NSW about demolition work as well as the schedule 11 hazardous chemicals in the abandoned petrol storage tanks at the site,” he said.
“The company took no steps to address the risks and chose to rely on the contractor’s claimed experience, with near-disastrous consequences.”
Failure to manage contractors can result in costly incidents. So, as well as putting worker and public safety at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare safe systems of work, safety instructions and all other documentation you require. Call us now 1300 789 132 to learn more about our services for businesses.

Company fined $450,000 after young worker dies in forklift rollover

A farming company has been prosecuted and fined $450,000, on one charge of breaching the OH&S Act (2004). The incident which took place on 15 November 2014, resulted in the death of a 15-year-old boy, after the forklift he was operating rolled and crushed him.
The farming company would typically engage a labour hire contractor to supply workers for general farming activities, however, on this occasion the owner of the labour hire company brought his 15-year-old son and his son’s two friends, aged 16 and 17.
The court heard that the young workers were not provided with any safety instructions in relation to the site or the work. 
The forklift was used by both the farm owner and labour hire owner to move full bins of picked snow peas onto a transport truck. Each held appropriate forklift licences.
The court also heard that there had been no prior hazard identification or risk assessment for operation of the forklift.
An eyewitness testimony confirmed the labour hire owner's son was operating the forklift in an unsafe manner, moments before the forklift tipped on him.
WorkSafe Executive Director of Health and Safety, Marnie Williams, said "the absence of safe systems of work, safety instructions and supervision contributed to the tragic incident".
“Three teenagers, two of which had no prior farm work experience, were left to work on a commercial farm totally unsupervised. As a result, one died and two were witness to a tragic workplace incident,” Ms Williams said.
“The forklift was accessible to anyone, and leaving the keys in the ignition was an invitation to disaster. The lack of instruction and training meant there was little to no understanding of the risks involved with driving a forklift.
“Because of their lack of experience, young people are particularly vulnerable at work. They must always be supervised and safety should never been left to chance.”
Failure to manage health and safety can result in serious incidents. So, as well as putting staff wellbeing at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare safe systems of work, safety instructions and all other documentation you require. Call us now 1300 789 132 to learn more about our services for businesses and their owners