In what is believed to be the first decision of its kind, a Victorian Magistrates Court held a printing company guilty of seven breaches of the Occupational Health and Safety Act 2004 (Vic) (Vic Act) for employees sponsored by the company under sub-class 457 visas in the Broadmeadows Magistrates Court.
457 visas are a method by which an employer can sponsor an overseas worker to perform work for them in Australia where there is a shortage of labour with the requisite skills at a local level.
The printing company sponsored two Chinese nationals, a Mr Cai and Mr Fu, neither of whom spoke English to work at their factory in Campbellfield
Mr Cai suffered permanent disability after both his arms were trapped and fractured by an unguarded printing machine he was working on. He was later forced to return to work by the printing company.
In April 2006 Mr Fu broke his right wrist after falling from a ladder that was unsuitable for the task being performed. Then in June 2006 Mr Fu suffered a further injury while using a drill with his left hand which kicked back breaking his arm. Mr Fu continued to work using his right hand which was still in a cast.
Mr Fu's 457 visa was approved on the grounds that he had attained electrical trade qualifications in China. He was, however, instructed to perform duties such as assembling scaffolding and welding, neither of which he held competencies in.
Later while Mr Fu was off work due to the injuries he received in the second incident, the printing company sent Mr Fu first written warning alleging that his work performance was not to standard due to his failure to follow occupational safety and health procedures. Two months after the warning letter the printing company later attempted to terminate Mr Fu's employment.
The printing company received fines totalling $100,000. $75,000 was in relation to Mr Cai's incident and $25,000 for Mr Fu's.
Employers must provide adequate information and instruction to employees to perform work safely. This extends to tailoring safety policies to the native language of their 457 visa holders in the event that they have difficulty reading or comprehending English. Induction training, safe work procedures, competency assessment and even safety signs will require translation to ensure an employer meets their duty.
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