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Boland v Fix Force (Qld) Pty Ltd [2016] SAIRC 16
27/5/16 FIX FORCE (QLD) PTY LTD (ACN 145 214 124): was convicted ex parte and fined $150,000 plus costs after failing to appear in relation to a breach of s19(1) of the Occupational Health Safety and Welfare Act 1986. On 22 October 2012, a 26 year old employee suffered crush injuries to his head, neck and face when he was pinned against a welding table by a hydraulically powered lifting arm.

 The company failed to:

  • provide and maintain, so far as was reasonably practicable, a safe work environment, in that it required the employee to work in the workshop where there was a risk of being crushed by the lifting arms because the host employer had failed to take adequate engineering methods to eliminate or minimise the risk.
  • ensure so far as was reasonably practicable that prior to the employee being required to work in the workshop, the host employer provided the table in a safe condition.

Boland v Trainee and Apprentice Placement Service Inc [2016] SAIRC 14
18/5/16 TRAINEE AND APPRENTICE PLACEMENT SERVICE INC (ABN 42 616 617 976): was convicted ex tempore and fined $12,000 plus costs after pleading guilty to a breach of s46 of the Work Health and Safety Act 2012. On 15 January 2014, a 21 year old employee sustained an electric shock and serious injuries when the length of guttering he was manoeuvring onto scaffolding came into contact with high voltage over head power lines.

The defendant failed to consult, co-operate and co-ordinate activities with other duty holders in relation to their shared health and safety duty.

Director of Public Prosecutions v Narroway [2016] SAIRC 12
29/4/16 SAMUEL NARROWAY: was convicted and fined $15,000 after pleading guilty to seven breaches of s189 of the Work Health and Safety Act 2012. Between 6 October 2013 and 28 February 2014, Mr Narroway held himself out to be an inspector when he was not appointed under the Workplace Health and Safety Act 2012.

Boland v Big Mars Pty Ltd [2016] SAIRC 11
27/4/16 BIG MARS PTY LTD (ACN 155 091 179): was convicted and fined $240,000 after pleading guilty to a breach of s32 (as read with s19) of the Work Health and Safety Act 2012. On 6 November 2013, a 21 year old labour hire employee sustained serious burns to all skin below the waist when he fell into a bath of sodium hydroxide (caustic soda).

The company failed to:

  • implement an adequate system of site specific hazard analysis and risk assessment of the host employer's premises,
  • implement an adequate system of checks or audits to ensure the host employer provided and maintained adequate written safe operating procedures,
  • provide or ensure provision of a written translation of the work instruction in the employee's native language,
  • implement an adequate system to assess the effectiveness of the training and supervision provided by the host employer, and
  • provide adequate information, instruction or training to the employee regarding generic occupational health and safety matters relevant to his job, and the host employer and his work tasks including hazards in the workplace and their control.

Boland v Rosier [2016] SAIRC 9
18/4/16 ANTHONY ROSIER: was convicted and fined $24,000 for breaches of s43(1) (as read with r485(1)) and s268(1)(a) of the Work Health and Safety Act 2012, and rr466(1), 464(3) and 475(2) (as read with r726) of the Work Health and Safety Regulations 2012. On 9 September 2014 and on 15 and 16 December 2014, Mr Rosier undertook licenced asbestos removal work.

Mr Rosier:

  • removed friable asbestos while not being the holder of a Class A licence authorising the removal of friable asbestos,
  • commenced licensed asbestos removal work without giving written notice to the regulator,
  • failed to give a copy of the asbestos removal control plan to the person who commissioned the work,
  • failed to ensure that an independent licensed asbestos assessor undertook air monitoring, and
  • gave information in complying or purportedly complying with the Work Health and Safety Act 2012 that he knew to be false or misleading.

Soulio v Chives North Pty Ltd [2016] SAIRC 5
24/3/16 CHIVES NORTH PTY LTD (ACN 160 855 078): was convicted and fined $7,000 plus costs after pleading guilty to a breach of s33 (as read with s19) of the Work Health and Safety Act 2012. On 27 October 2013, a 25 year old employee suffered soft tissue and nerve damage when her right hand became trapped in the unguarded rollers of a dough rolling machine.

The company failed to ensure the machine's rollers were guarded to minimise the extent to which any user could become entrapped in the rollers.

Soulio v Gambier Earth Movers Pty Ltd [2016] SAIRC 6
23/3/16 GAMBIER EARTH MOVERS PTY LTD (ACN 007 644 126): was convicted and fined $111,000 plus costs after pleading guilty to a breach of s32 (as read with s19) of the Work Health and Safety Act 2012. On 16 October 2013, a 59-year-old employee suffered amputation of his dominant arm above the elbow when he tripped and fell into an unguarded screening machine.

The company failed to ensure the machine's conveyor was guarded by a physical barrier which was interlocked to prevent access to the conveyor when it was operational, could only be altered or removed by the use of tools, and complied with AS1755 2000 'Conveyors - Safety requirements'.

Soulio v Aston Newman Timbers Pty Ltd [2016] SAIRC 4
2/3/16 ASTON NEWMAN TIMBERS PTY LTD (ACN 007 688 039): was convicted and fined $57,000 after pleading guilty to a breach of s32 (as read with s19) of the Work Health and Safety Act 2012. On 25 November 2014, a 36 year old employee suffered amputation of his thumb while attempting to unblock an extraction hose on a timber saw while the saw was still running.

The company failed to replace damaged guarding on the saw with guarding which would reduce or eliminate the risk of a user placing their hand in the path of the saw's blade while the machine was running.

16/2/16 TRAMS (SA) PTY LTD (ACN 104 129 580): was convicted and fined $60,000 ex tempore after pleading guilty to a breach of s32 of the Work Health and Safety Act 2012. On 22 October 2013, a 42 year old employee suffered amputation of four fingers while dismantling a lift car while an adjacent lift was in normal operation.

The company failed to:

  • provide protective screening between the lifts in the common lift well,
  • ensure the worker did not work in the common lift well unless adequate protective screening had been installed or the second lift had been isolated, and
  • provide information, instruction, training and supervision to the worker in relation to not working in a common lift well unless adequate protective screening has been installed  or the second lift has been isolated.

15/2/16 GEORGE McQUINN: was convicted and fined $15,000 ex tempore (reduced from $45,000 due to Mr McQuinn's financial position) after pleading guilty to a breach of s32 (as read with s19(1)) of the Work Health and Safety Act 2012. On 10 September 2013, a 28 year old employee suffered fractures to his spine and torn ligaments in his neck after falling through a stairwell void while working on the second floor of a two storey dwelling under construction.

Mr McQuinn failed to ensure that the void was covered while the worker was on the first floor of the building.