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Perry v Blue Lake Milling Pty Ltd [2014] SAIRC 45
19/12/14 BLUE LAKE MILLING PTY LTD (ACN 007 968 318): was convicted and fined $78 000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986.  On 13 July 2012, an 18-year-old employee sustained severe arm injuries when he became caught by the rotating arms of a large steaming valve while attempting to perform cleaning duties.

The company failed to adequately guard the hazardous moving parts of the steaming valve.


Smith v Ducala Pty Ltd [2014] SAIRC 43
5/12/14 DUCALA PTY LTD trading as Northpoint Toyota (ACN 008 031 874): 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 9 October 2012, an 18 year-old employee sustained second degree burns to his chest and forearms when the steel drum he was cutting with an angle grinder exploded.

The company failed to:

  • adequately identify the hazards and assess the risks arising from the storage of contaminated fuel and other potentially flammable material in steel drums,
  • provide a prominently displayed safe system of work for the handling and storage of contaminated fuel,
  • prohibit the cutting, grinding, welding or otherwise applying heat or sparks directly to, or in close proximity to, used steel oil drums, except where the drums could be clearly identified as having been completely cleaned of any potentially flammable residue,
  • adequately inform, instruct or train the employee regarding the safe handling and storage of contaminated fuel; the content of the warning label displayed on used steel oil drums, and the prohibition against cutting, grinding, welding or otherwise applying heat or sparks directly to or in close proximity to used steel oil drums.

Smith v Olga's Fine Foods Pty Ltd [2014] SAIRC 39
11/11/14 OLGA'S FINE FOODS PTY LTD (ACN 008 293 043): was convicted and fined $10,500 plus costs for a breach of regulation 208(3) of the Work Health and Safety Regulations 2012. On 2 January 2013, a 66 year-old employee sustained a finger crush injury while investigating a grating noise in the drive chain of a machine.

The guard enclosing the item of plant?s motor should have had a physical barrier in place that could only be altered or removed by using tools.

Perry v Clare Country Club Pty Ltd [2014] SAIRC 37
28/10/14 CLARE COUNTRY CLUB PTY LTD (ACN 061 610 071): was convicted and fined $12 000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 30 January 2012, an employee sustained superficial face burns when methylated spirits ignited and exploded while he was refuelling the burners of a bain-marie.

The company failed to:

  • provide electrically heated bains-marie.

Smith v Empire Pavers Pty Ltd [2014] SAIRC 34
23/10/14 EMPIRE PAVERS PTY LTD (ACN 139 280 381): was convicted and fined $48 000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 13 August 2012, a 35 year old employee sustained multiple fractures to both lower legs and left knee when his legs were trapped in the paver stacking machine he was attempting to unjam.

The company failed to:

  • adequately guard the machine to minimise the risk of a person's body part coming into contact with moving parts of the machine during operation.

Smith v Allstate Communications Pty Ltd [2014] SAIRC 35
23/10/14 ALLSTATE COMMUNICATIONS PTY LTD (ACN 116 440 978): was convicted and fined $27 000 plus costs after pleading guilty to a breach of s22(2)(b) of the Occupational Health, Safety and Welfare Act 1986. On 20 June 2012, a bedside monitor fell onto the legs of a 70 year old patient at Port Augusta Hospital.

The company failed to:

  • properly and safely install the bedside monitors by failing to reasonably follow the engineered safe specifications provided to the company for the installation work.

Perry v Badge Constructions (SA) Pty Ltd [2013] SAIRC 49
6/8/2014 BADGE CONSTRUCTIONS (SA) PTY LTD (ACN: 008 015 496) was convicted and fined $71,250 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 publish details of the offence on its website for two years. On 24 March 2011 a 50-year-old employee was struck and sustained minor injuries when a flight of newly constructed concrete stairs collapsed.

The defendant failed to ensure:

  • there was adequate structural connection (reinforcement bars) between the flight of stairs and the level 1 slab that it was meant to adjoin
  • an inspection system was in place to confirm the presence of starter bars before the concrete was poured
  • the inspection system was confirmed by a qualified person to be sufficient; and
  • all such inspections were performed, recorded, and the results reported to the employer for remedial action.

Perry v Tru-Coat Pty Ltd [2014] SAIRC 24
28/7/14 TRU-COAT PTY LTD (ACN 141 249 792): 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 26 July 2012, a 22-year-old employee suffered compound fractures to his left femur, a shattered left tibia, multiple breaks in his right tibia, fibular and ankle, and trauma to his back and hips when a 10 metre long, 720 kilogram steel beam fell onto his thighs while he was using an overhead crane to turn the beam during painting operations.

The company failed to:

  • provide and maintain a safe system of work whereby a minimum of two people were required to undertake the task of turning large steel beams, with one operating the crane and the other acting as a spotter to direct the movement of the beam; and
  • provide and maintain so far as was reasonably practicable a safe system of work which prohibited the crane operator from standing immediately adjacent to the end of the trestles on which the beams were being turned.

Perry v Hart Retail Group Pty Ltd [2014] SAIRC 21
17/7/14 HART RETAIL GROUP PTY LTD (ACN 112 460 401): was convicted and fined $45,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 19 July 2012, a 45-year-old employee suffered a laceration to the front of his head, a broken arm and a broken kneecap after falling from an unsecured cage lifted on forklift tines.

The company failed to:

  • provide the cage used as a work platform in a safe condition; and
  • ensure the cage was designed and maintained to be securely attached to the forklift.

Perry v Kyren Pty Ltd [2014] SAIRC 22
17/7/14 KYREN PTY LTD (ACN 008 263 527): was convicted and fined $91,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 2 December 2011, a 53-year-old employee sustained a broken nose and facial lacerations when he fell 3.8 metres while installing formwork in preparation for concrete to be poured on the ground floor at a construction site.

The company failed to:

  • ensure that the employee was wearing fall protection equipment, such as safety harnesses secured to anchor points by inertia reels.

Barrett v Allan Metal Fabrications Pty Ltd [2014] SAIRC 13
2/5/2014 ALLAN METAL FABRICATIONS PTY LTD (ACN 109 128 387): 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 18 April 2012, an 18 year old employee suffered two fingertip amputations while operating a sheet metal guillotine.

The company failed to:

  • maintain the guillotine's safety switch so as to ensure the machine could not be operated with the guard raised.

Perry v OneSteel Manufacturing Pty Ltd [2014] SAIRC 8
14/3/14 ONESTEEL MANUFACTURING PTY LTD (ACN 004 651 325): was convicted and fined $56,250 plus costs after pleading guilty to a breach of s24A(1)(a) of the Occupational Health, Safety and Welfare Act 1986. On 11 July 2011, the lift was found not to have been maintained in a safe condition.

The company failed to:

  • identify and replace missing door guides at the base of the ground floor, a worn door lock at the third floor landing and broken emergency access devices at the ground floor and second floors, and
  • ensure the lift well was waterproof and dry.

Perry v Softwoods Timber Yards Pty Ltd [2014] SAIRC 6
19/02/2014 SOFTWOODS TIMBER YARDS PTY LTD (ACN 076 530 848): 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 14 November 2011, a 27-year-old employee sustained amputation of three fingers and partial amputation of his thumb when his hand became caught in the cutter blade of a spindle moulder machine.

The company failed to:

  • ensure an anti-kickback stop was securely fixed by means of fasteners or other suitable devices, thereby ensuring that timber pieces which may be caught and seized by the cutter block could not be ejected further than the distance set by the stop;
  • provide and maintain safe systems of work that required an employee's hands to be placed on the infeed side of the cutter when beginning a cut; required the use of a hand jig to create a greater distance between an employee and the cutter blade; and required an employee not to wear gloves while operating the spindle moulder machine; and
  • provide adequate information, instruction and training in relation to a safe system of work and in the further set up and use of the spindle moulder machine generally.

Perry v Taste Master Pty Ltd & Anor [2014] SAIRC 4
22/01/2014 TASTE MASTER PTY LTD (ACN 066 595 944) was convicted and fined $41,250 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 7 March 2011, a 54-year-old employee sustained serious injuries to his left hand when it made contact with the spinning cutter blades of an extruder machine while he was clearing a blockage.

The defendant failed to ensure that:

  • the safety interlock supplied with the cutter assembly was functional when the plant was operated; or that
  • the cutter was otherwise guarded with a physical barrier that was fixed or interlocked in place when the plant was operated.

Perry v Taste Master Pty Ltd & Anor [2014] SAIRC 4
ANDREW FOTHERINGHAM: was convicted and fined $11,250 plus costs after pleading guilty to a breach of s61(3) of the Occupational Health, Safety and Welfare Act 1986. Mr Fotheringham, as the responsible officer, failed to take reasonable steps to ensure compliance by Tastemaster Pty Ltd, with its obligations under the Act in that he failed to ensure that:

  • the plant was not operated when the safety interlock supplied with the cutter assembly was disabled; or that
  • if the plant was to be used when the safety interlock supplied with the cutter assembly was disabled, that the cutter was otherwise guarded with a physical barrier that was fixed or interlocked in place when the plant was operated, such that the employee could not make contact with the moving cutting blades.

Perry v PJ & T Motors Pty Ltd [2014] SAIRC 3
22/01/2014 PJ & T MOTORS PTY LTD (ACN 064 780 972) was convicted and fined $59,500 plus costs, after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 26 July 2012 a 29-year-old employee sustained injuries to both arms when he fell from a 2.6-metre-high diesel tank upon which he was performing work.

The defendant failed to:

  • conduct an adequate risk assessment and hazard identification on the task of dismantling the diesel tank, in particular, one which would identify the risk of a fall from height arising from the removal of the platform and ladder;
  • comply with section 10 of the defendant's Safety Manual concerning working at heights, in particular the requirement to use a work platform for all work above 1800mm;
  • provide reasonable protection against a fall by the provision of a safe working platform such as a personnel cage mounted on a forklift; and
  • provide the employee with proper information, instruction and training in relation to safe working at heights.

Perry v Carter [2014] SAIRC 2
22/01/2014 MICHAEL CARTER was convicted and fined $1,750 plus costs after pleading guilty to breaches of sections 21(1a) and 63A of the Occupational Health, Safety and Welfare Act 1986. Pursuant to s60A, the magistrate also ordered the defendant to attend a Construction Safety Supervisor 1 Course. On 28 June 2011, two employees under the supervision of the defendant were placed at risk of being injured when a concrete precast panel toppled over. The employees involved were standing on the panel bar at the time in an attempt to manoeuvre the panel into position, the weight on the bar causing the panel to fall.

The defendant failed to ensure that the panel was supported by:

  • a minimum of two temporary supports in accordance with the National Code of Practice for Precast, Tilt-Up and Concrete Elements in Building Construction;
  • two braces as specified in the Job Unicon-161 design plans for the panel; and
  • the crane whilst adjustments were made to level the panel.