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Perry v Maranello Trading Pty Ltd [2013] SAIRC 53
20/12/2013 MARANELLO TRADING PTY LTD (ACN 079 845 088) was convicted and fined $75,000 plus costs, after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. Pursuant to s60A, the magistrate also ordered the company to provide a copy of the judgement to each person currently employed on a permanent or casual basis. On 14 November 2011 a 19-year-old employee suffered crushing and laceration injuries when he became trapped in the powered rollers of a large potato harvesting machine.

The defendant failed to ensure:

  • that it was not possible for the employee to come into contact with moving parts of the harvester's machinery; and
  • that a cover guarding the moving parts of the harvester's machinery could only be unlocked once the towing tractor's ignition had been turned off.

Hillman v DRB Obst Pty Ltd (SA) [2013] SAIRC 52
20/12/2013 DRB OBST PTY LTD (ACN 121 059 621) was convicted and fined $7,000 plus costs after pleading guilty to a breach of s23(a) of the Occupational Health, Safety and Welfare Act 1986. On 7 May 2011 an 81 year old customer suffered injuries to her right knee and head when she fell into an open void (access to cellar) in the floor of the seating area at the premise of the defendant.

The defendant failed to:

  • ensure the workplace was in a safe condition because it was possible that a customer could fall into the cellar and suffer impact or laceration injuries; and
  • keep the cellar entrance closed so far as was reasonably practicable when customers could be present; and
  • warn customers of the hazard posed by the open cellar by stationing a person at the entrance; and
  • warn customers by placing highly visible bollards and bunting around the cellar entrance.

Perry v Custom Cartons Pty Ltd [2013] SAIRC 46
18/11/2013 CUSTOM CARTONS PTY LTD (ACN: 008 046 919) was convicted and fined $80,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 2 May 2011 a 52-year-old delivery driver sustained severe crush injuries when a 1.7 tonne machine fell from the tines of the forklift as it was being unloaded.

The defendant failed to:

  • ensure that the driver was waiting in a designated safe area while his truck was being unloaded; and
  • ensure that Custom Cartons' forklift drivers would only unload the truck while the driver was waiting in the designated safe area and would cease unloading operations if the driver left that area; and
  • ensure that drivers upon entering the site reported to a designated induction area and were made aware of safety rules; and
  • ensure that adequate signage of these rules was displayed so as to alert drivers of their existence.

Perry v Betts Group Pty Ltd [2013] SAIRC 48
06/11/2013 BETTS GROUP PTY LTD (ACN: 008 675 929) was convicted and fined $33,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 30 May 2011 a 20-year-old employee sustained an injury to her back and shoulder after she fell while attempting to free a basket of goods from the shaft of a mechanical hoist.

The defendant failed to:

  • ensure that the hoist was provided or maintained in such a condition that employees could not enter the hoist shaft while baskets were between floors; and
  • provide and maintain a procedure for employees to safely release jammed baskets without entering or placing objects into the hoist shaft.

Perry v Intercast & Forge Pty Ltd [2013] SAIRC 43
09/10/2013 INTERCAST AND FORGE PTY LTD (ACN 090 515 334) was convicted and fined $51,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 30 March 2011 a 29-year-old employee caught his hand when repositioning the diverter bar on a conveyor belt, sustaining an injury that resulted in the amputation of the top of his left index finger. 

The defendant failed to:

  • provide a handle or similar device to assist with the lifting, moving or handling of the diverter bar; and
  • have in place a procedure which required the conveyor to be isolated or shut down while an employee was required to reposition the diverter bar.

Perry v Chesser Chemicals Pty Ltd [2013] SAIRC 36
16/09/13 CHESSER CHEMICALS PTY LTD (ACN 008 262 039): was convicted and fined $38,500 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 16 May 2011 a 28-year-old employee sustained a crush injury to his index finger and amputation of his middle finger while clearing a build-up of materials from the exit chute of a tablet press.

The defendant failed to:

  • ensure that the entry side of the plant was adequately guarded;
  • ensure that the chute on the exit side of the plant was adequately guarded; and
  • ensure that the door on the exit side of the plant was adequately secured preventing the door from being opened during operation.

Perry v Holsten's Pty Limited [2013] SAIRC 37
16/09/2013 HOLSTEN'S PTY LIMITED (ACN 007 585 159): was convicted and fined a $66,000 plus costs after pleading guilty to breaches of s19(1) of the Occupational Health, Safety and Welfare Act 1986 and r383(2) of the Occupational Health, Safety and Welfare Regulations 2010. On 5 September 2011, a 33-year-old employee sustained injuries to his ribs, back, shoulder, chest, stomach and lungs when he was crushed between the backrest of a forklift and a roller door while being lifted on the tines of the forklift to close the roller door.

The defendant failed to provide and maintain safe systems of work in that it allowed a forklift to be used to lift a person to close a roller door when other methods for closing the door were practical. The defendant also allowed an employee to carry out high risk work, namely forklift operation, when he did not hold an appropriate licence.

Breach of s 19(1) Occupational Health, Safety and Welfare Act 1986- $57,000
Breach of Reg 383(2) of the Occupational Health, Safety and Welfare Regulations 2010 - $9,000

Hillman v Tubing & Electrical Industries Pty Ltd [2013] SAIRC 35
29/08/13 TUBING AND ELECTRICAL INDUSTRIES PTY LTD (ACN 008 298 057): was convicted and fined $28,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 25 July 2011, a 38-year-old employee sustained a crush injury to the tip of her thumb when her hand was caught in the jaws of a crimping machine.

The defendant failed to ensure that the guarding fitted to the crimping machine was securely fixed in position by means of fasteners or other suitable devices, ensuring that the guard could not be altered or detached without the aid of a tool or key.

Hillman v Carter Holt Harvey Woodproducts Australia Pty Ltd [2013] SAIRC 32
22/8/13 CARTER HOLT HARVEY WOODPRODUCTS AUSTRALIA PTY LTD (ACN 002 993 106): was convicted and fined $66,500 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 25 April 2011, a 36-year old employee sustained significant bruising and burns after tripping and becoming caught up between a conveyor belt and a pinch point while clearing waste timber.

The defendant failed to ensure that guarding was fitted to or around the conveyor belt, and that it was either interlocked to prevent the belt from operating when access was available to it, or secured in position so the guard could not be removed without the use of a tool or key.

Perry v Kerry Dawn Royals [2013] SAIRC 34
22/8/13 KERRY DAWN ROYALS: was convicted and fined $6,300 plus costs after pleading guilty to a breach of section 21(1a) of the Occupational Health, Safety and Welfare Act 1986. On 28 February 2011, a client in Ms Royals' care received serious burns to her skin and required hospitalization after bathing in water Ms Royals had inadvertently run using the hot tap only.

Ms Royals failed to take reasonable care to avoid adversely affecting the health and safety of her client through an act or omission at work.

Perry v The 4WD Centre Pty Ltd [2013] SAIRC 31
14/8/13 THE 4WD CENTRE PTY LTD (ACN 007 621 294): was convicted and fined $80,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 13 December 2011, a 42-year-old employee sustained disk damage to his neck when he fell through a plaster board ceiling in a document storage loft area.

The defendant failed to provide and maintain a safe working environment, in that it required persons to access the loft for storage and retrieval of documents when there was a lack of secure flooring or other physical barriers to protect persons against the risk of a fall.

Perry v Kahlon Estate's Wines Pty Ltd [2013] SAIRC 27
6/8/13 KAHLON ESTATE'S WINES PTY LTD (ACN 106 145 475): was convicted and fined $68,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. Pursuant to s60A, the magistrate also ordered the company director to attend Responsible Officer training, and the company to publish a notice in an appropriate Australian Wine Industry Journal warning of the dangers of unguarded open throat hoppers. On 16 April 2011, a 23-year-old employee fell into an unguarded wide mouth hopper which resulted in entrapment of his leg in an auger and the amputation of his leg in order to free him.

The company failed to ensure a guard was fitted at the base of the hopper to reduce or eliminate the risk of injury through contact with the rotating auger.

Hillman v Vibropile (Aust) Pty Ltd [2013] SAIRC 28
6/8/13 VIBROPILE (AUST) PTY LTD (ACN 006 103 135): was convicted and fined $40,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 30 November 2010, a 27-year-old employee suffered serious crush injuries to his right hand while helping to dismantle the outrigger legs of a 20 tonne "test hammer."

 The defendant failed to:

  • ensure that the outrigger leg was provided with lifting lugs to eliminate the risk of crush injury arising from uncontrolled supporting chain movement;
  • provide such supervision of the employee as was reasonably necessary to ensure that no part of his body came into sufficient proximity with the outrigger leg and supporting chain to risk crushing injury; and
  • instruct the employee to remove his hand from a position in which he risked suffering a crush injury.

Hillman v Boral Hollostone Masonry (SA) Pty Ltd [2013] SAIRC 24
17/07/13 BORAL HOLLOSTONE MASONRY (SA) PTY LTD (ACN 007 604 033): was convicted and fined $70,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 17 June 2010, a 24 year-old employee suffered crush injuries to his collar bone, chest and face when the flop gate of an industrial concrete mixer was activated while he was cleaning inside the confines of the flop gate chute.

The company failed to:

  • ensure that the employee was adequately trained in all aspects of isolating power to the flop gate when he was required to perform cleaning work,
  • ensure that the interlock switches that were fitted to the door of the flop gate chute were properly functioning, so that when the door to the gate chute was open it could not operate, and
  • ensure that employees who acted as spotters during confined space work, such as cleaning the mixer and flop gate chute, stayed at the entry point to the confined space for the duration of the work so that the person doing the work remained in their sight, and that the spotter did not do other work while responsible for this role.

Hillman v Ferro Con (SA) Pty Ltd (in liquidation) and Anor [2013] SAIRC 22
27/6/13 FERRO CON (SA) PTY LTD (IN LIQUIDATION) (ACN 090 945 565) was convicted and fined $200,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 16 July 2010, a 35-year-old employee suffered fatal injuries when the fabric sling supporting a 1.8 tonne monorail beam snapped, resulting in the end of the beam dropping directly onto him while he pulled down heavily on a tag line in an attempt to lower the tilted beam's high end to a level position.

The company failed to:

  • ensure a site-specific and task-specific job safety analysis was performed and a safe work procedure developed and followed for each type of structural steel lift it performed at the site,
  • ensure a site-specific and task-specific safe work procedure was developed and followed for lifting the beam which required that the beam be lowered through the roof by crane and placed on the ground inside the building from where the beam could be rigged so as to be lifted while stable and level,
  • prohibit the installation of the beam unless sufficient room was available on the ground inside the building on which to lower the monorail beam from where it could be rigged so as to be lifted while stable and level, and
  • ensure the beam lift complied with its job safety and environmental analysis for structural steel erection, and in particular the requirement that riggers were not to stand under the load.

Hillman v Ferro Con (SA) Pty Ltd (in liquidation) and Anor [2013] SAIRC 22
27/6/13 PAOLO MAIONE: was convicted and fined $200,000 plus costs plus compensation of $20,000 after pleading guilty to a breach of s61 of the Occupational Health, Safety and Welfare Act 1986.  Pursuant to the provisions of s60A of the Act, the magistrate also ordered Mr Maione to:

  • give a notice of the circumstances of the offence to each employee of each company of which he is the Responsible Officer,
  • display a copy of the notice on an employee notice board in each such company for a period of one year, and
  • published a notice in the Saturday Advertiser, The Weekend Australian, and the journal of the Master Builders Association.

On 16 July 2010, a 35-year-old employee suffered fatal injuries when the fabric sling supporting a 1.8 tonne monorail beam snapped, resulting in the end of the beam dropping directly onto him while he pulled down heavily on a tag line in an attempt to lower the tilted beam's high end to a level position.

Mr Maione failed to take reasonable steps to ensure that Ferro Con (SA) Pty Ltd complied with its obligations under Section 19(1).

Hillman v Prospect Building Services Pty Ltd & Anor [2013] SAIRC 21
26/06/13 PROSPECT BUILDING SERVICES PTY LTD (ACN 109 800 820): was convicted and fined $68,000 plus costs plus compensation of $500 after pleading guilty to breaches of s19 and s22 of the Occupational Health, Safety and Welfare Act 1986. On 28 August 2009, an employee, a home owner and his son were placed at risk of injury when a house exploded while the employee was applying salt damp treatment to the house.

The company failed to develop and implement a safe procedure for applying the salt damp treatment which:

  • required that possible ignition sources were identified and extinguished prior to the commencement of the salt damp treatment, and
  • required the use of a drill depth guard or a drill bit that was of the length of the hole to be drilled to prevent holes being drilled through the walls.

Hillman v Prospect Building Services Pty Ltd & Anor [2013] SAIRC 21
26/06/13 HARRY TWAROWSKI: was convicted and fined $8,500 plus costs after pleading guilty to a breach of s61(3) of the Occupational Health, Safety and Welfare Act 1986. Pursuant to the provisions of s 60A of the Act, the magistrate also ordered Mr Twarowski to insert a notice into The Advertiser newspaper on a Saturday detailing the circumstances surrounding the incident, the consequences of the incident, the penalty imposed and the subsequent remedial measures undertaken to obviate the risk of the breach occurring in the future. On 28 August 2009, an employee, a home owner and his son were placed at risk of injury when a house exploded while the employee was applying salt damp treatment to the house.

Mr Twarowski failed to take reasonable steps to ensure that Prospect Building Services Pty Ltd complied with its obligations under Section 19(1).

Rutjens v Conroy's Smallgoods Pty Ltd [2013] SAIRC 20
21/6/13 CONROY'S SMALLGOODS PTY LTD (ACN 007 569 628) was convicted and fined $90,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. Pursuant to s60A(1)(c), the magistrate also ordered the company to issue a copy of a Notice to each of its employees and contractors and display an A3-sized copy on an employee notice board until at least 21 June 2014.

On 21 September 2011, a 38 year-old employee sustained a serious wrist and forearm injury as a result of being trapped in a Multivac R5100 meat packaging machine. 

The company failed to ensure the machine had a securely fixed guard while the machine was operating.

The company had previously been convicted on 21 May 2004 and 18 December 2006.  As a result, the maximum penalty available to the magistrate was $600,000.

Rutjens v Link Engineering Pty Ltd [2013] SAIRC 17
3/5/13 LINK ENGINEERING PTY LTD (ACN 097 142 375) was convicted and fined $30,000 after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 16 September 2010, a 20-year-old employee sustained a crush injury to his left index finger, which later required amputation of the end segment, after it was caught in the pinch point of the pulley of a metal cutting drop saw.

The company failed to permanently fix the guard in place while the saw was being operated.

Perry v Adelaide Mushrooms (Nominees) Pty Ltd [2013] SAIRC 14 19/4/13
19/4/13 ADELAIDE MUSHROOMS (ACN 008 023 416) was convicted and fined $26,250 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 29 August 2011, a 48-year-old employee sustained a crush injury to his left ring finger when his hand was dragged into a net washing machine. Doctors had to amputate his finger at the first knuckle.

The company failed to install an interlocked guard over the net bar of the machine so as to prevent or minimize access.

Perry v Improved Timber Pty Ltd [2013] SAIRC 11
3/4/13 IMPROVED TIMBER PTY LTD (ACN 090 805 664) was convicted and fined $28,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 16 February 2012, a 28-year-old employee sustained partial amputation to his index finger while using an unguarded docking saw.

The company failed to ensure that either the saw was fitted with a two handed control system or alternatively that the blade was protected by a fixed or interlocked guard.

Hillman v Rokset Industries Pty Ltd [2013] SAIRC 8
27/03/13 ROKSET INDUSTRIES PTY LTD (ACN 007 575 920) was convicted and fined $26,250 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 3 March 2011, a 56 year old employee sustained a broken and lacerated middle finger when it was caught in the moving part of a brush making machine while he was clearing away excess bristles.

The company failed to guard the knot picker to prevent access by employees whilst the machine was in operation.

Hillman v Mondello Farms Pty Ltd [2013] SAIRC 6
28/02/13 MONDELLO FARMS PTY LTD (ACN 066 901 844): was convicted and fined $44,000 plus costs after pleading guilty to a breach of s19(1). On 27 July 2010, a 25-year-old employee's leg was severely crushed after it was caught between the unguarded rollers of a potato harvester.

The company failed to:

  • ensure the guarding that covered the rollers could not be lifted or removed without the use of a tool or key;
  • develop and implement adequate safe work procedures that ensured the harvester would not be started or operated at times when there was access to its moving parts; and
  • provide employees or any other persons who might use the harvester with adequate information, instruction and training about safe systems of work for the harvester's operation and the general requirements for the safe operation, repair, maintenance and cleaning of the harvester.