Recycler penalised $150,000 after worker loses hand

A recycling company has been convicted and fined a total of $150,000 following an incident in Coolaroo in 2014 in which a worker lost his right hand in an aluminium bailer.

The company was found guilty in the Broadmeadows Magistrates’ Court on two charges of failing to provide or maintain plant that was safe and without risk to health, and one charge of failing to provide a safe system of work.

The company was also ordered to pay $45,000 in costs.

During the hearing, the Broadmeadows Magistrates’ Court was told that the worker was moving a bale of cans from the exit point of an aluminium bailing machine when his right hand was severed.

A co-worker heard the victim’s cries and subsequently located the hand in the chamber of the bailer.

The Court heard that the bailer was designed to crush metal into large blocks, which were then forcibly ejected from the machine through a hydraulically operated exit door. Expert witnesses told the court that employees working in and around the exit door risked crush or shear injuries.

Following the incident, a WorkSafe investigation discovered that a steel can bailing machine on the site also posed similar risks to employees.

The Court also heard that the investigation discovered the company had no safe system of work for employees to secure the metal blocks once they had been ejected from either bailer.

During the five-day contested hearing, the company argued that it had discharged its health and safety duties by ensuring the manufacturer of the bailing machines had the appropriate assurance certificates and assessments in place.

However, Magistrate Aumair was ultimately satisfied that it was not reasonable for the company to solely rely on information from suppliers and that it was reasonably practicable to take further measures to reduce the health and safety risks to its employees.

On the one charge relating to the aluminium bailer, the company was fined $75,000. On the one charge relating to the steel bailer, it was fined $25,000. Finally, on the one charge of failing to provide a safe system of work in relation to handling the bales, it was fined $50,000. the company was convicted on all three charges.

Safety tips when working with machinery:
•    Check the machine for general hazards and ensure it has been maintained
•    Make sure the machinery is properly guarded and safety interlocks are regularly checked before operating
•    All warning lights and alarms must be checked to ensure they are working
•    All workers and supervisors must be trained appropriately on how to operate the machine, identify when it’s not safe to use and know the procedure for emergency shut down
•    Workers should tie their hair back and not wear loose fitting clothing, to prevent entanglement.

For more information about safety around heavy machinery contact ISOsafe on 1300 789 132, or email us at enquiries@isosafe.com.au

Ever wondered what happens when you ignore WorkSafe notices?

A Moorabbin furniture manufacturer who failed to address WorkSafe notices to fix serious safety breaches has been convicted and fined more than $22,000.

The company pleaded guilty to two charges under the 2004 OHS Act for failing to ensure its workplace was safe and without risks to health.
 

The company was fined $22,500 and ordered to pay $4027 in costs.
 

The Moorabbin Magistrates Court was told that WorkSafe inspectors visited the business several times between April 2015 and July 2016 and issued numerous improvement notices.
 

The first charge related to breaches that included failing to fit a non-conductive, non-flammable cover to an electrical switchboard exposing workers to risk of electrical shock; failing to correctly store flammable liquids; allowing employees to smoke in close proximity to dangerous goods; and failing to guard a high-speed rotating fan and situating it in a doorway.
 

The second charge related to failing to undertake regular housekeeping tasks, thereby exposing workers to the risk of slips, trips and falls, or coming into contact with hazardous objects.
 

WorkSafe’s Executive Director of Health and Safety, Marnie Williams, said employers who ignored improvement notices may face prosecution.
 

For more information on WorkSafe inspections go to: www.worksafe.vic.gov.au/safety/inspections

If youre unsure of your obligations, contact ISOsafe on 1300 789 132 or email us at enquiries@isosafe.com.au.

NSW LAW UPDATE: New WHS Regulations 2017

The Work Health and Safety Regulation 2011 is being repealed on 1 September and replaced by the Work Health and Safety Regulation 2017, which comes into effect on the same day. 

The new regulation is essentially the same as the 2011 Regulation, except for minor changes, including formatting and corrections to typos.

SafeWork NSW is currently working to update references to the regulation across its multiple sources of information and regulatory materials, as well as links to the regulation.

Work Health and Safety Bill going to Parliament
Following the recent statutory review (the Review) of the Work Health and Safety Act 2011 (WHS Act), the Work Health and Safety Bill 2017 will be soon introduced to the NSW Parliament for consideration. 

The scope of this Review only considered the NSW-specific provisions of the WHS Act and Regulation and how they were being interpreted, applied and enforced in NSW. This was due to the NSW legislation being aligned to the national model legislation which is scheduled for review in 2018.

As part of the NSW Review, the community was asked if the work health and safety laws were working well. The Review found that the objects of the WHS Act remain valid and the terms remain generally appropriate for securing those objectives.

The Review Report was tabled in the NSW Parliament on 20 June 2017. 

Some of the recommendations from the Review include:

• The introduction of new penalty notice offences for unlicensed high risk work and falls from heights.

• Allowing for penalty notices to be issued electronically.

• Clarifying responsibility for certain dangerous goods and high risk plant that may affect public safety when not at a workplace.

• The ability for inspectors to record interviews regardless of whether the interviewee consents, while still retaining the current self-incrimination provisions and ensuring the interviewee is advised that the recording is to be undertaken.

• Clarifying the ability of the NSW regulators to obtain records and issue notices outside of NSW, to the extent the State’s legislative power allows.

Don’t risk non-compliance. ISOsafe are the specialists in Work Health Safety. Call us today to book your business compliance check on 1300 789 132.
 

Worker killed, another critical, in wall collapses as wild winds hit Sydney

A worker has died and another critical in separate structure collapses resulting from dangerous winds in Sydney.

Emergency crews rushed to the suburb of Carlingford in Sydney’s north-west after strong gusts knocked over a brick wall. The wall was under construction at the time.

Police have confirmed a 30-year-old man was killed after he was trapped beneath the rubble. SafeWork investigators will attend the scene and police will prepare a report for the coroner.

In a separate incident; a worker is reported to have suffered critical head injuries after a double-brick wall under construction fell on top of him at Thomas Boulton Circuit, Kellyville NSW. The injured man’s workmates pulled him unconscious from underneath a pile of bricks which had collapsed during highly windy conditions.

CareFlight’s specialist doctor and critical care paramedic treated the man at the scene for critical head injuries, intubating him and placing him an induced coma. The medical team continued treatment as the man was taken by road ambulance to Westmead Hospital in critical condition.

Over the last year there have been numerous cases where employers have been prosecuted following incidents involving collapsing structures across Australia. In particular, a Melbourne sign company which erected an advertising board on a wall that fell and killed three people in Swanston Street back in 2013 was fined $250,000. The company pleaded guilty to one charge under the occupational safety act of failing to keep the public safe. 

The health and safety duties of business owners and head contractors extends beyond their staff to include visitors and the general public. So what can you do today to protect your people, your business and the safety of public?

Ensure freestanding masonry walls are stable and adequately braced at all times to prevent collapse when subjected to lateral forces, such as wind.

Temporary bracing should:
•    be used where the height of the wall exceeds 10 times the thickness of the wall
•    be provided from a lower height where lightweight masonry is used or the wall is in an area where wind speeds are likely to exceed 30 km/h
•    stabilise the entire length of the wall so it does not fall in either direction
•    not exceed two metres between individual braces
•    include wall support bearers (eg battens or strong-backs) of at least 500mm length
•    be retained until the required elements of the final structure are installed and provide adequate lateral support.

Where braces are required, they should be regularly checked by a competent person to ensure they are not removed, modified, or damaged.

If extreme weather is forecast, ensure that work ceases and a suitable large exclusion zone around any incomplete masonry wall is established and maintained.

An incomplete freestanding masonry wall should never be used as shelter during extreme weather, even if the wall has temporary bracing.

Looking for more help? Contact ISOsafe today on 1300 789 132. Our Health and Safety specialists will assess your construction site and provide detailed reports with recommendations to improve safety compliance.