KFC Australia clean workplace safety (OHS) record tarnished

A KFC outlet at Eastwood, South Australia has been convicted and fined over an incident in which a young worker suffered burns to nine per cent of his body.

The Industrial Court convicted the company over the incident, which was the company’s first work health and safety conviction, and imposed a penalty of $105,000 plus costs.

On 15 May 2015, while working as a cook, the 16-year-old worker suffered severe burns after stepping backwards and falling into a tank of hot oil which had been placed by another young worker on the floor behind him without warning him.

Following investigation by SafeWork SA, KFC was charged with offences under the Work Health and Safety Act 2012 (SA) for failure to provide a safe working environment free of tripping hazards, failing to maintain a safe system of work by failing to provide and maintain a working procedure for filtering hot oil and failing to provide adequate information, training and supervision for the tasks of filtering, changing, removing or cleaning oil from a cooker.

Magistrate Lieschke said although KFC had identified the hazard of hot surfaces, it had failed to specifically address the hazard of hot oil and where the used oil tanks should be placed once they had been removed from its cookers.

“As a result, a 17-year-old trainer, a necessarily inexperienced youth, was left to work out a system for performing the task and instructing new employees, in this instance as to an unsafe procedure,” he said.

“I accept that KFC did have a system of training that included some online learning, on-the-job training and skills assessment, together with general safety awareness instructions for trainers. However, the system was clearly deficient, as admitted.”

Magistrate Lieschke reduced the initial penalty of $175,000 fine because of KFC’s early guilty plea, and handed down a penalty of $105,000, and reparations of $15,000 paid to the victim.

SafeWork SA Acting Executive Director Dini Soulio said the case highlighted the need for business operators to identify foreseeable risks to health and safety and implement control measures to eliminate or minimise risks.

“When young workers are involved business operators should be particularly mindful of ensuring they are aware of the hazards and risks in the workplace and are trained in safe systems of work,” Mr Soulio said.

ISOsafe help business owners – call us today on 1300 789 132 to learn more about how our specialists can visit your food business to provide training and advice on work health and safety.

Landmark workplace prosecution in Queensland continues

Two family owned businesses and their respective directors have been committed to stand trial following a Workplace Health and Safety Queensland (WHSQ) investigation into the death of a 62 year old roofer.
These are Queensland's first category 1 prosecutions under work safety laws, with the companies, if found guilty of the alleged offences, facing maximum fines of $3 million, and the two directors fined up to $600,000 each and facing maximum gaol terms of five years.
The defendants, the PCBUs (in this instance the Directors) and registered companies have been charged for contravening Section 19 (2) and/or s20 of the Work Health and Safety Act 2011.
The deceased worker, who only started the job four days earlier, fell almost six metres to his death while working on the edge of a roof without protection. The worker was one of five roofers working on an industrial shed at Lake Macdonald in the Sunshine Coast Hinterland on 29 July 2014 when he fell.
The shed was part of a larger complex being refurbished by a building business that contracted a roofing business to fit roof sheeting.
An indictment relating to four separate complaints under the Work Health and Safety Act 2011 was presented at the Maroochydore District Court on 8 February 2017 against the defendants, who will stand trial in the Brisbane District Court. The matter is due for mention on 19 April 2017.
Workplace Health and Safety Queensland head Dr Simon Blackwood said falls from heights is a serious issue in most industries, particularly construction.
“The roofing/reroofing trade is certainly one where things can go wrong at height. In this case, the court will hear evidence that appropriate safety equipment was available and on site.” Said Dr Blackwood.
This workplace death was preventable. What are you doing as a business owner or manager to prevent your workers taking unnecessary risks? Don’t risk prosecution and non-compliance, contact ISOsafe today on 1300 789 132 or email us at enquiries@isosafe.com.au.

Queensland employer fined 180,000 after death of young worker

A Queensland transport company has been fined $180,000 for failing to comply with health and safety laws after a teenager was crushed to death operating a vehicle loading crane at Westside Christian College in 2012.

Head of Workplace Health and Safety Queensland (WHSQ) Dr Simon Blackwood said this was a tragic example of a young employee desperately trying to please his boss, but way out of his depth – a situation the company could’ve easily avoided.

“Around 50 young Queenslanders a day – mostly young men suffer a compensable work injury, and one a day is permanently impaired,” Dr Blackwood said.

Since the tragedy, the company has stopped similar jobs and no longer uses the vehicle involved in the incident.

Magistrate David Shepherd said the young man died trying to do his best for his employer and had no doubt company bosses feel this matter very deeply and personally.

Dr Blackwood said for his family, this is closure. For everyone else, it’s a timely reminder to put measures in place to ensure safe working environments so that employees go home to their families every day.

"Young workers have a unique risk profile and it’s up to employers to consider this when managing them. A proper induction, plenty of support and much needed training are vital," he said.

Work health and safety laws require employers to:
•  identify the health and safety risks of particular work tasks and adopt procedures to eliminate or control them;
•  train workers in the procedures and provide them with any safety equipment they need;
•  ensure workers perform their tasks safely by providing training, supervision and support; and
•  encourage workers to speak to supervisors about any health and safety concerns.

Since July 2016, the Office of Industrial Relations has successfully completed 21 prosecutions in the courts, leading to fines totaling three quarters of a million dollars.

Over the same period, WHSQ issued 37 infringement notices with fines totaling more than $94,000, as well as 921 improvement notices and 265 prohibition notices.

For more information on managing young workers, contact ISOsafe at enquiries@isosafe.com.au. We support business owners; helping create safe and compliant workplaces.

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.