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Boland v Gogall t/as SA Quality Sheds [2015] SAIRC 35
25/11/15 SIMON GOGOLL TRADING AS SA QUALITY SHEDS
: was convicted and fined $45,000 plus costs after pleading guilty to a breach of s32 (as read with s19(2)) of the Work Health and Safety Act 2012. On 15 May 2013, a 23 year old employee suffered an electric shock while he and two colleagues were in an elevated work platform installing a four metre steel railing on a shed that was being constructed directly below a live 19,000 volt power line.

Mr Gogoll failed to:

  • undertake an adequate hazard identification and risk assessment prior to the performance of the task;
  • provide a documented safe work procedure; and,
  • provide adequate information, instruction and supervision to the workers.

18/09/15 TRADING METALS PTY LTD (ACN 095 613 399): was convicted and fined $39,000 plus costs after pleading guilty to a breach of s32 of the Work Health and Safety Act 2012. On 27 March 2014, a truck driver suffered a crush injury to his finger when it was trapped between the curtain rail of a trailer and a pallet that was knocked during loading while he was holding back the curtain.

The magistrate found that the company failed to:

  • ensure there was a marked pedestrian exclusion zone around a truck or trailer when it was loaded or unloaded,
  • prohibit the use of forklifts to load or unload a truck or trailer until a marked exclusion zone was in place and no person was present in the exclusion zone, and
  • direct truck drivers to stay in the vehicle or a safe waiting area or safety zone positioned so the forklift operator could maintain visual contact with the truck driver while operating the forklift.

06/05/15 CHERIDA PALMER: was fined $300 without conviction after pleading guilty to a breach of regulation 13.02 of the Explosives Regulations 2011. On 4 September 2013, Ms Palmer brought 1.32 tonnes of fireworks into South Australia without giving the required minimum two clear working days' notice in writing to the Chief Inspector.

Russell v Leonhard Kurz (Aust) Pty Ltd [2015] SAIRC 13
20/5/15 LEONARD KURZ (AUST) PTY LTD (ACN 000 810 800): was convicted and fined $42,000 plus costs after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 18 December 2012, a 35 year old employee sustained amputation of her arm below the elbow after her hand was caught in the exposed rotating parts of plant used to cut paper roll cores to length.

The magistrate found that the company failed to provide and maintain a written safe operating procedure for the use of the plant that was displayed prominently near the plant, and which clearly prohibited:

  • operation of the plant in manual mode, unless operation required both hands of the operator to be continuously held on two run function buttons throughout the entire cutting sequence, and
  • the use of gloves while operating the plant.

06/05/15 CHERIDA PALMER: was fined $300 without conviction after pleading guilty to a breach of regulation 13.02 of the Explosives Regulations 2011. On 4 September 2013, Ms Palmer brought 1.32 tonnes of fireworks into South Australia without giving the required minimum two clear working days' notice in writing to the Chief Inspector.

Smith v IKCSHEDS Pty Ltd [2015] SAIRC 8
09/04/15 IKCSHEDS PTY LTD (ACN 140 531 835): was convicted and fined $87,000, which was reduced on financial hardship grounds to $10,000 plus costs, after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 30 August 2012, a 17 year old employee sustained fractured vertebrae T8 through to T10 and a fractured sternum after falling approximately 5.8 metres through a polycarbonate sheet while installing roof sheeting on a newly constructed shed.

The magistrate found that the company failed to:

  • provide and maintain safe work procedures with the absence of safety mesh across the entire roof and a perimeter guardrail to encapsulate the roof;
  • ensure that all persons working at heights wore harnesses attached to a travel restraint or fall arrest system;
  • provide and maintain appropriate safety measures which ensured that where possible, steel roof sheets were weathered on the ground, safety mesh was installed underneath all polycarbonate roof sheets, and crawl boards were supplied and used to traverse the polycarbonate sheets;
  • ensure the employee was adequately trained to work safely at heights; and
  • ensure the employee fully understood the particular safety measures required when working on a roof with polycarbonate sheets.

Perry v Bellard Pty Ltd [2014] SAIRC 23, Bellard Pty Ltd v Perry [2015] SAIRC 7
09/04/15 BELLARD PTY LTD (ACN 083 523 433): was convicted and fined $87,500 plus costs after pleading guilty to a breach of s23(a) of the Occupational Health, Safety and Welfare Act 1986. On 26 September 2011, a 17-year-old contractor suffered multiple injuries - displaced femoral shaft fracture, back injury, deep lacerations to the head, and five chipped teeth - when he fell eight metres down a lift shaft void while assisting with a concrete pour on the first floor of a multi-storey dwelling under construction.

The magistrate found that the company failed to ensure that the workplace was maintained in a safe condition with the presence of an exposed lift shaft at the site.

26/3/15 PORT ADELAIDE SALVAGE PTY LTD (ACN 101 249 405): was convicted and fined $12,000 plus costs after pleading guilty to breaches of Regulations 202(1) and 207(3) of the Occupational Health, Safety and Welfare Regulations 2010. On 28 November 2012, the company arranged for the removal of the eaves, which contained asbestos, of a house it had been contracted to demolish.

The company carried out the asbestos removal work without holding a current asbestos removal licence and without undertaking continuous atmospheric monitoring.

29/1/15 HUNGRY JACKS PTY LTD (ACN 008 747 073): 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.

On 5 June 2012, a 17-year-old employee sustained burns to his arms and torso after he slipped and fell into the open top of a mobile filtration unit he was using to filter cooking oil from the deep fryers.

The company failed to:

  • ensure the internal filtering component of the deep fryer was operative so the filtration process did not require oil to be filtered externally to the deep fryer, and
  • provide and adequately maintain a procedure which ensured that employees received proper medical treatment as soon as reasonably practicable after a significant injury.