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”.
Don’t risk noncompliance. ISOsafe’s services will protect your labour hire business. We will prepare all safety documentation, including risk assessments on your behalf, 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.