News
Companies fined $140K for worker deaths
Two companies have been fined a total of $140,000 over the 2008
deaths of two workers at a Broome depot. Baker Hughes Australia Pty
Ltd and Oilfields Transport Services Pty Ltd appeared in the Broome
Magistrates Court today charged with failing to provide and
maintain a safe work environment causing the deaths of the two
workers (15 May 2012)
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Second prosecution in four years for company and its
director
A company director and his Epping business have been prosecuted on
serious workplace health and safety charges for the second time in
four years (16 May 2012)
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Research calls for renewed focus on eye safety
equipment
The Centre for Eye Research Australia has found that more than
half of the people presenting to the emergency department for eye
damage caused by metal fragments were not wearing eye safety
glasses at the time of their accident. The injuries were commonly
caused by high-velocity impact machining, such as metal grinding,
welding, repair work and drilling (09 May 2012)
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Practice Notes
Alerts
Coal mine worker hit by loose discharge hose -
Queensland Mines Safety Alert No 286
Poor design, including hose layout and hose retention design, are
major contributing factors in recent incidents (08 May 2012)
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Working safely with tyres: highway-style trailer haulage
– Mines safety Bulletin 118
The fatal injury of a driver of a bulk coal transport trailer
while replacing a wheel has highlighted a risk for the mining
industry that has long been recognised in the tyre manufacture and
fitting industry: the premature failure of radial construction
tyres. This safety bulletin examines what actions to take to avoid
similar incidents and possible fatalities (15 May 2012)
Mines Safety Bulletin 118 - Working safely with tyres:
highway-style trailer haulage (PDF, 119 kB)
Cases
Inspector McGrath v McDougall [2012] NSWIRComm
41
A monetary penalty is imposed on the defendant of $10,000 with a
moiety to the prosecutor.
OCCUPATIONAL HEALTH AND SAFETY - defendant deemed guilty of s 8(2)
of the Occupational Health and Safety Act 2000 by virtue of s 26(1)
- early guilty plea after amendment of proceedings - appropriate
penalty - failure to undertake risk assessment - failure to have in
place protocols to prevent someone who is not skilled, trained or
qualified in the safe use of forklifts from driving a forklift
-objective seriousness - serious offence - strict duty and
proactive obligation on employer - mitigating circumstances
including actions of other persons - enhanced commitment to
occupational health and safety following incident - general and
specific deterrence - no prior convictions - contrition and remorse
- good character - Victim Impact Statement - application under
section 10 of the Crimes (Sentencing Procedure) Act 1999 rejected -
penalties imposed More...
Inspector McGrath v DMP Container Labour Pty Ltd [2012]
NSWIRComm 40
A monetary penalty of $100,000 is imposed with a moiety to the
prosecutor.
OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(2) of the
Occupational Health and Safety Act 2000 - guilty plea but not at
earliest opportunity - appropriate penalty - failure to undertake
risk assessment - failure to formulate Safe Work Method Statement -
failure to ensure the proper supervision of contractors - failure
to ensure that people who were not skilled, trained or qualified
did not use forklifts -objective seriousness - serious offence -
seriousness ameliorated by culpability of other persons - defendant
did have in place some protocols and procedures - enhanced
commitment to occupational health and safety following incident -
general and specific deterrence - cooperation with the WorkCover
Authority - no prior convictions - good character - penalties
imposed More...
Inspector Scott Rand v Toffy Pty Ltd t/as ABC Tyrepower
and Mechanical [2012] NSWIRComm 39
The defendant is fined in the sum of $65,000 with a moiety to the
WorkCover Authority of New South Wales.
OCCUPATIONAL HEALTH AND SAFETY - breach under s 8(1) - amended
application for order - guilty plea - corporate defendant - vehicle
car tyre business -lift designed to move stock from ground floor to
the mezzanine level - errors in design of lift installed - no
proper risk assessment undertaken - hoist not approved or certified
or registered to carry personnel - personnel using lift when
incident occurred - no professional maintenance programme for lift
- unsafe system of work in place - foreseeable element to the
offence - breach serious - simple remedial steps available - safe
system of work now in place - periodic maintenance check and repair
of machinery now performed - elements specific of general
deterrence in consideration of penalty - risk most serious - early
plea - no prior convictions - discount on penalty - compliance with
WorkCover Authority - defendant corporation of good character -
unlikely to re-offend - corporation of limited means for the
purposes of penalty - penalty to reflect objective seriousness of
offence - penalty - moiety to prosecutor - costs Occupational
Health and Safety Act 2000; Crimes (Sentencing Procedure) Act 1999
More...
Orbit Drilling Pty Ltd v The Queen; Smith v The Queen
[2012] VSCA 82
CRIMINAL LAW – Appeal – Sentence –
Occupational health and safety - Recklessly engaging in conduct
placing a person at a workplace in danger of serious injury
– Employer fined $750,000 – Foresight of
probable danger of serious injury – Judge erred in
attributing to defendant foresight of probability of serious injury
– Crown concession – High culpability offence
– Defendant's culpability very high –
Liability and offences of company and director separate and
distinct – No double punishment – No different
sentence should be imposed – Appeal dismissed –
Occupational Health and Safety Act 2004 (Vic) s 32, Criminal
Procedure Act 2009 (Vic) s 281(1).
CRIMINAL LAW – Appeal – Sentence –
Occupational health and safety – Company breached duty to
provide and maintain safe workplace – Failure to provide
and maintain safe system of work – Company's breaches
attributable to director's failure to take reasonable care
– Director fined $120,000 – Very serious
example of offence – Sentence not manifestly excessive
– Appeal dismissed – Occupational Health and
Safety Act 2004 (Vic) ss 21(1), 21(2)(a), 144(1). CRIMINAL LAW
– Appeal – Sentence – Guilty plea
– Adequacy of discount – Discount not
examinable for specific error – Relevant only to manifest
excess ground – Discounts in other cases of no assistance
– R v Burke [2009] VSCA 60; (2009) 21 VR 471, Scerri v
The Queen [2010] VSCA 287 applied. More...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
