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Hillman v Amcor Packaging (Australia) Pty Ltd [2012] SAIRC 59
21/12/12 AMCOR PACKAGING (AUSTRALIA) PTY LTD (ACN 004 275 165): was convicted and fined $96,000 plus costs after pleading guilty to a breach of s19(1). Pursuant to s60A, the magistrate also ordered the company to publish a notification on its corporate website for a period of three years. On 29 November 2010, a 46 year old employee sustained multiple fractures of her lower leg and ankle when her foot became caught in a gap between a conveyor's rollers and was then forcefully struck by a mechanical arm. A second employee was placed at risk of injury.

The company failed to:

  • develop and implement a safe procedure for guiding stacks of cardboard along, or restacking cardboard that had fallen on, the conveyor which prohibited employees from walking on the rollers of the conveyor,
  • ensure the controls of the pallet sweep had to be manually operated to return the pallet sweep to its home position, and
  • ensure a presence sensing safeguarding system which could stop the operation of the pallet sweep was installed in the conveyor.

The company had previously been convicted on 17/11/06 and 6/5/08.  As a result, the maximum penalty available to the magistrate was $600 000.

Ireland v Etiria (No 28) Pty Ltd [2012] SAIRC 60
21/12/12 ETIRIA (NO 28) PTY LTD (ACN 008 298 351): was convicted and fined $76,500 plus costs after pleading guilty to a breach of s19(1). On 28 January 2010, a 44 year old employee sustained severe fractures to his lower left leg after falling from a makeshift platform balanced on the raised tines of a forklift.

The company failed to:

  • ensure the employee was provided with a suitable work platform for use with the forklift,
  • ensure that a safe procedure for the work was in place that specified the equipment and method to be used for work to be undertaken at heights, and
  • provide any instruction or training as to a safe procedure for undertaking work at heights.

Neale v BJ Jarrad Pty Ltd [2012] SAIRC 57
19/12/12 B J JARRAD PTY LTD (ACN 008 026 533): was convicted and fined $25,500 plus costs after pleading guilty to a breach of s19(1). Pursuant to s60A(1)(c), the magistrate also ordered the company to publish a notice on the home page of its corporate website under the heading 'Latest News' for a period of two years. On 19 May 2009, a 42 year old employee's finger was partially amputated whilst manually lifting and maneuvering a heavy steel plate.

The company failed to:

  • ensure that before the steel cover was lifted, a job safety analysis for lifting the cover had been undertaken, and
  • obtain assistance and advice about lifting the cover plate from its installer.

Hillman v Girolamo [2012] SAIRC 55
14/12/12 Andrew GIROLAMO: was convicted and fined $40,000, reduced to $10,000 due to his financial circumstances, plus costs after being found guilty ex parte (did not enter a plea and did not appear in court) of a breach of s19(1). On 12 June 2008, a 23 year old employee sustained amputation of his dominant arm five centimetres above the wrist while operating a meat mincing machine.

Mr Girolamo failed to:

  • ensure the mincing machine was adequately guarded so as to prevent manual access to its internal moving parts, and
  • provide any written and enforced safe operating procedure for use of the mincer, and in particular one that required the use of a plunger at all times.

Clark v Tony's Tuna International Pty Ltd [2012] SAIRC 54
13/12/12 TONY'S TUNA INTERNATIONAL PTY LTD (ACN 103 455 312): was convicted and fined $26,250 plus costs after pleading guilty to a breach of s19(1). On 23 April 2010, an 18-year-old employee sustained a crush injury below his right knee while working on a plate freezer used to freeze bait fish. The employee placed his right leg in the gap between the plate freezer frame and the end plate/hydraulic ram, which was subsequently activated.

The company failed to:

  • ensure there was guarding over the gap between the edge of the plate freezer machine and the plates of the machine, and
  • ensure there was guarding over the hydraulic lever controls of the plate freezer machine.

Hillman v Trevarno Pty Ltd t/as Troisi Steel [2012] SAIRC 52
30/11/12 TREVARNO PTY LTD t/as TROISI STEEL (ACN 008 284 115) was convicted and fined $56,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986

On 25 January 2011, a 24-year-old employee suffered a serious crush injury to his right leg when a 1300kg steel pipe rolled off a flat bed trolley onto him.

The company failed to:

  • ensure that there was any hazard identification and risk assessment undertaken in relation to the task;
  • provide and maintain a safe operating procedure prohibiting the loading of the pipes onto flatbed trolleys.

30/11/12 PF CORP SYSTEM PTY LTD (ACN 118 783 681) was convicted (with no fine calculated due to incapacity to pay) after being found guilty ex parte (did not enter a plea and did not appear in court) of breaches of s19(1) and r6.6.2(1).

On 18 August 2008, a 14-year-old employee sustained injuries to her middle finger when it was caught in the dough rolling machine she was operating.

The company failed to:

  • ensure a guard was fitted to the machine at the point at which dough was fed;
  • failed to implement and maintain a system of work that required the employee to use a push stick to push dough into the machine, rather than her hand;
  • provide a step or steps next to the machine, to enable the employee to easily see the opening in the machine into which the dough was fed, or to visually inspect that opening for blockages;
  • notify the Department of an immediately notifiable work-related injury suffered by its employee.

Note: no written reasons were provided in relation to this decision.

Ireland v Tatiara Seeds Pty Ltd [2012] SAIRC 47
4/10/12 TATIARA SEEDS PTY LTD (ACN 061 211 845) was convicted and fined $93,750 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986.

On 4 February 2010, a 21 year-old employee sustained a C4-C5 flexion spinal injury which resulted in C4 complete tetraplegia when he became trapped and was crushed by a palletiser.

The company failed to:

  • ensure there was an adequate hazard identification and risk assessment undertaken for entry of the perimeter fence to perform the task
  • provide and maintain a safe operating procedure for the task
  • ensure the task did not occur without the employee entering the perimeter fence through the interlock gate and isolating and tagging out the palletiser, and
  • provide and maintain plant in a safe condition in that two of the pins securing a panel of the perimeter fence were removed so the panel could be opened and accessed without activating the palletiser's interlock switch or light curtains.

Perry v South Australian Cricket Association Inc [2012] SAIRC 42
6/9/12 6/9/12 SOUTH AUSTRALIAN CRICKET ASSOCIATION INC (IN A39440) was convicted and fined $11,250 plus costs after pleading guilty to a breach of s19(1). On 8 December 2009, a 64 year-old employee sustained burns when a surge of oil came out unexpectedly while draining oil from the tap of a deep fryer to a drum.
  
 The association failed to:

  • ensure that cooking oil was required to be cooled to a safe handling temperature prior to being drained from the deep fryer, and
  • ensure that employees were provided with a safe work procedure in relation to the task of draining and cleaning used cooking oil.

Hillman v TAE Aviation Pty Ltd [2012] SAIRC 41
27/8/12 TAE AVIATION PTY LTD (ACN 085 860 877): was convicted and fined $56 000 plus costs after pleading guilty to a breach of s19(1). On 25 March 2012, a 30 year old employee sustained a fractured ulna, burns to both hands, and lacerations and burns to his face when an explosion occurred while he was undertaking repair work to the wing of an aircraft next to a fuel tank located in the wing.

The company failed to:

  • ensure the fuel tank was free of fuel or fuel vapours to the extent that it did not create a risk of ignition whilst the employee was performing the repairs,
  • develop and implement a safe work procedure for the repairs which eliminated or minimised the risk that sparks would be generated while the employee was undertaking the repairs,
  • provide information to the employee that the fuel tank was not free of fuel or fuel vapours and thereby presented a risk of explosion, and
  • instruct and provide information to the employee on the safe work procedure.

Russell v SA Dept of Further Education, Employment, Science and Technology [2012] SAIRC 39
6/8/12 SOUTH AUSTRALIAN DEPARTMENT OF FURTHER EDUCATION, EMPLOYMENT, SCIENCE AND TECHNOLOGY: was convicted and fined $120,000 plus $20,000 compensation and costs after pleading guilty to a beach of s22(2). The Department was also ordered under s60A(1) to provide a written notice about the offence to employees working in relevant fields, and publish the notice in a Saturday edition of The Advertiser.

On 4 November 2009, a 23 year old TAFE student sustained two broken ribs, a punctured lung, a fractured shoulder blade and soft tissue injuries after falling through a ceiling while removing floor panels.

The Department failed to:

  • provide any form of fall protection such as walk-boards, personal safety harness, or scaffolding in the room below, and
  • ensure that a proper hazard identification and risk assessment had been conducted for the task.

Ireland v McCracken Kent Town Pty Ltd [2012] SAIRC 37
20/7/12 McCRACKEN KENT TOWN PTY LTD (ACN 127 972 892) was convicted and fined $90,000 plus costs after pleading guilty to a breach of s19(1). On 11 January 2010, a 57 year old employee suffered extensive burns after spilling methylated spirits which then ignited by the pilot flame of one of two gas powered automatic water heating systems located nearby.

The company failed to ensure that methylated spirits, a flammable substance, was not stored in proximity to the hot water heaters.

Ireland v TPC Investments Pty Ltd [2012] SAIRC 34
19/7/12 TPC INVESTMENTS PTY LTD (ACN 097 329 603) was convicted and fined $4,500 plus costs after pleading guilty to a breach of regulations 4.2.4(1) and 4.2.4(11). On 27 January 2010, the company was involved in the removal, disposal and replacement of buried conduit that contained asbestos at the corner of Seaford and Patapinda Road at Old Noarlunga.

The company did not hold an asbestos removal licence issued under Division 4.2 of the Occupational Health, Safety and Welfare Regulations 1995.

Farrell v B & A Fisheries Pty Ltd [2012] SAIRC 27
4/6/12 B & A FISHERIES PTY LTD (ACN 110 577 707): was convicted without penalty (in lieu of the company's voluntary ex gratia payment of $20 000 into a trust fund for the children of one of the victims) plus costs plus $20 000 compensation after pleading guilty to a breach of s19(1).  The company was also ordered under s60A(1) to pay for public notification to the commercial fishing industry in SA and regional newspapers of the circumstances of the offence and its outcome.

On 28 September 2008, two crew members drowned after the shark fishing vessel they were working on sank in Gulf St Vincent, approximately six kilometres from Stansbury. A third person swam to shore.

The company failed to:

  • provide and maintain plant in a safe condition, in that the vessel was unstable to the extent that it was unsuitable for use in the waters in which it was operating at the relevant time, and
  • ensure that the employees wore personal flotation devices at all times while on the vessel in the waters in which it was operating at the relevant time.


Neale v Cater Plus Pty Ltd t/as Bidvest Australia [2012] SAIRC 26
24/5/12 CATER PLUS PTY LTD T/AS BIDVEST AUSTRALIA (ACN 090 443 093): was convicted and fined $72,000 plus costs after pleading guilty to a breach of s19(1). On 6 August 2009, a 47 year-old employee sustained a compound fracture of the top of the right femur with a disrupted femoral artery and severed sciatic nerve when the reach truck he was driving tipped over after hitting a loose metal grate.

The company failed to ensure the metal grate over the drain on the ramp was securely fixed to the ramp, so as to provide a solid surface for the truck.

Candetti Constructions Pty Ltd v Fonteyn [2012] SAIRC 24
18/5/12 CANDETTI CONSTRUCTIONS PTY LTD (ACN 007 657 150): was convicted and fined $47 500 plus costs after pleading not guilty to a breach of s19(1). On 20 April 2005, a 31-year-old employee suffered frontal lobe damage, a massive fracture to his pelvis, a fractured wrist and a variety of internal complications after falling through an unguarded opening in a suspended ceiling on to a cement floor approximately 7.2 metres below.

The company failed to provide and maintain secure fences, covers or other forms of safeguarding around the openings through which persons could fall.

Farrell v Alsco Pty Limited [2012] SAIRC 23
4/5/12 ALSCO PTY LIMITED (ACN 000 435 629): was convicted and fined $85,000 plus costs after pleading guilty to a breach of s19(1). The magistrate also ordered that Alsco provide a copy of his reasons for decision to each of its South Australian employees, and to each employee with a classification of manager or supervisor employed by it elsewhere in Australia. On 14 October 2009, a 21 year-old employee sustained loss of consciousness and a gash to the back of his head when he was struck by a falling metal trolley and hook assembly which had fallen from the overhead rail system that was meant to support the trolley.

The company failed to ensure the overhead rail system was provided in such a state that girder trolleys could not fall from the overhead railing system when the interchange gate was used.

Symons v Downer EDI Works Pty Ltd [2012] SAIRC 22
2/5/12 DOWNER EDI WORKS PTY LTD (ACN 008 709 608): was convicted and fined $187 500 plus costs after pleading guilty to a breach of s19(1). On 23 May 2009, a 50-year-old employee sustained severe injuries including partial tetraplegia when he slipped and fell into a pit, becoming trapped in an inclined belt.

The company failed to:

  • fit guards to prevent or minimise access to the rollers and ends of the inclined conveyor,
  • develop and implement a written safe work procedure for cleaning and maintenance that specified how cleaning and maintenance tasks could be safely performed;
  • require that measures be taken to prevent or minimise the risk of a fall into the pit when employees were required to be in that area.

Hillman v All Laundry and Linen Pty Limited [2012] SAIRC 19
19/4/12 ALL LAUNDRY AND LINEN PTY LTD (ACN 053 866 925) was convicted and fined $80 750 after pleading guilty to breaches of s19(1) and r1.3.2 [s19(1) $72 250 and r1.3.2 $8 500] following a notifiable workplace incident on 13 March 2008 where a 56-year-old employee sustained a severe crush, de-gloving and burn injury to her right hand and forearm resulting in amputation at the elbow, when her hand and forearm were drawn into and trapped by the heated roller of a large industrial ironing machine. A second employee sustained burns to his fingers while attempting to rescue her.

The company failed to:

  • adequately guard the machine
  • maintain an effective interlock device on the machine
  • ensure there were adequate safe operating procedures for the machine's operation
  • prohibit employees moving the machine's guard or placing hands at any location beyond the guard during machine operation
  • provide the second employee with information, instruction and training about the procedures to be adopted in the event of an emergency involving the machine
  • ensure that appropriate steps were taken to identify all reasonably foreseeable hazards arising when using the machine.

Hillman v D'Vineripe Pty Ltd [2012] SAIRC 16
5/4/12 D'VINE RIPE PTY LTD (ACN 120 312 049) was convicted and fined $80 000 plus costs after pleading guilty to a breach of s19(1) following a notifiable workplace incident on 4 September 2009 where a 20-year-old and 33-year-old employee sustained serious injuries when a scissor lift trolley from which one employee was working at a height of about 2.5 metres, tipped and hit an adjacent trolley that the other employee was standing on.

The company failed to:

  • provide and maintain plant in a safe condition [the pipe rails along where the scissor lift trolleys ran were not attached to the support brackets where they sat]
  • develop and implement a procedure for periodic inspection and maintenance of the pipe rail system
  • develop and implement a procedure for inspection of the pipe rail system following a clean-out of its glasshouses.

Hillman v CMT (SA) Pty Ltd [2012] SAIRC 15
2/4/12 CMT (SA) PTY LTD (ACN 129 502 503) was convicted and fined $30 000 plus costs after pleading guilty to a breach of s19(1) following a workplace notifiable incident on 10 July 2009 when a 48-year-old employee sustained a partial amputation of the tip of his little finger and lacerations to his index and ring fingers when his left hand was drawn towards the blade of the table saw he was operating.

The company failed to:

  • ensure there was a safe operating procedure for the use of the saw which required employees to adjust the top guard of the saw, so that it was positioned no more than 15mm above the height of the top edge of the timber to be cut.

Symons v HF & RG Betts Pty Ltd [2012] SAIRC 14
2/4/12 HF & RG BETTS PTY LTD (ACN 059 769 729): was convicted and fined $105,000 plus costs after pleading guilty to a breach of s19(1). On 5 August 2009, an employee became caught in the unguarded tail drum of a conveyor and his right arm was amputated at the shoulder by the force of the machine.

The company failed to:

  • fit guarding to prevent or minimise access to the tail drum of the hydraulic conveyor
  • ensure the hydraulic conveyor was fitted with a control to stop the conveyor in an emergency.
  • ensure the employee was supervised when he was working with the hydraulic conveyor and the Finlay Screening Unit.

Quin Investments Pand Anor v Markos ty Ltd [2012] SAIRC 11
20/3/12 QUIN INVESTMENTS PTY LTD (ACN 064 014 802): was convicted and fined $75,000 plus costs plus $20,000 compensation after being found guilty of a breach of s19(1). On 9 May 2006, three employees died and two others were injured in an explosion at an explosives manufacturing facility.

 Although these factors were not proven beyond reasonable doubt to have caused the explosion, the company failed to:

  • undertake proper and sufficient maintenance and repair of the critical items of plant in the factory, including a powder blending machine known as the ribbon blender,
  • provide and maintain adequate design details, drawings or manufacturer's instructions in relation to the critical items of plant,
  • keep adequate records of maintenance in relation to critical items of plant, and
  • provide and maintain a safe working environment, in that it, while explosives were being manufactured in the factory:
    - stored approximately 4,500 kg of cast TNT explosives product in close proximity to the factory,
    - stored approximately 20,000 litres of caustic methanol or 'methoxide' in close proximity to the factory,
    - stored approximately 20,000 litres of methanol in close proximity to the factory,
    - was cooling a cast of molten TNT on the loading platform of the factory,
    - was melting cast TNT in the factory, and
    - permitted the use of a critical item of plant, namely the ribbon blender, to be operated while it was in a state of disrepair.

Quin Investments Pty Ltd and Anor v Markos [2012] SAIRC 11
20/3/12 NIKOLAI KUZUB: was convicted and fined $60,000 plus costs plus $20,000 compensation, after being found guilty of a breach of s61(3). Mr Kuzub failed to take reasonable steps to ensure compliance by the Quin Investments Pty Ltd with its obligations under s19(1).

Hillman v McDonnell Industries Pty Ltd (t/as NF McDonnell & Sons) and Ian McDonnell [2012] SAIRC 10
15/3/12 MCDONNELL INDUSTRIES PTY LTD (ACN 007 746 536): was convicted and fined $49,500 plus costs after pleading guilty to a breach of s19(1). On 8 August 2007, an employee sustained a crushing injury of the left upper arm, skin injury of the axilla and injury to the left side of his chest when he became entangled in the moving parts of the traverser section of the six-saw docking saw.

The company failed to:

  • adequately guard the traverser section of the saw to prevent entanglement in the moving parts by fitting a fixed physical barrier which covered those parts and could only be removed with the use of a tool, and
  • undertake an adequate hazard identification and risk assessment process in relation to the clearing of blockages on the traverser section of the saw.

Hillman v McDonnell Industries Pty Ltd (t/as NF McDonnell & Sons) and Ian McDonnell [2012] SAIRC 10
15/3/12 IAN LESLIE MCDONNELL: was convicted and fined $5,400 plus costs after pleading guilty to a breach of s61(3). On 8 August 2007, an employee of McDonnell Industries Pty Ltd sustained a crushing injury of the left upper arm, skin injury of the axilla and injury to the left side of his chest when he became entangled in the moving parts of the traverser section of the six-saw docking saw.

Mr McDonnell failed to:

  • ensure McDonnell Industries Pty Ltd conducted a proper hazard identification and risk assessment in relation to alterations to the saw in accordance with Regulations 3.2.1,
  • ensure McDonnell Industries Pty Ltd ensured that risks associated with the alterations were appropriately controlled in accordance with Regulations 3.2.2,
  • ensure McDonnell Industries Pty Ltd had the saw inspected and tested by a competent person, having regard to any relevant design specification, prior to the saw being returned to service.

Symons v Cedar College Inc [2012] SAIRC 1
19/1/12 CEDAR COLLEGE INCORPORATED: was convicted and fined $108,750 plus costs after pleading guilty to a breach of s22(2)(a). On 11 September 2009, one student and two parents of students sustained serious injuries when part of a tree trunk collapsed on them in high winds during a school sports day.

The school failed to:

  • ensure the tree was removed as had been recommended prior to the sports day, and
  • ensure that activities were not scheduled under or near the tree, given the windy conditions on the day.

Hillman v Whiteheads Timber Sales Pty Ltd [2012] SAIRC 2
19/1/12 WHITEHEADS TIMBER SALES PTY LTD (ACN 055 540 611): was convicted and fined $26,250 plus costs after pleading guilty to a breach of s19(1). On 14 December 2010, a 34-year-old employee was injured when his fingers and hand were caught between a jammed piece of timber and the roller of a moulder machine, as he attempted to clear the timber.

The company failed to:

  • provide adequate guarding around the rollers of the "in-feed" area of the machine, and
  • prevent access by employees to the "in-feed" area of the machine while it was in operation and in particular, by means of an interlocked gate.