Case Law - Health & Safety Handbook (Page 13)

Case Law

Employee injures hand in machine that lacked adequate guarding

Kingspan Environmental Pty Ltd (the Company) manufactures steel water tanks and garden beds. In October 2015, a labour hire employee was operating a curving machine used to manufacture the steel products.

Hefty fine for business that failed to implement a safe operating procedure

Covino Farms Pty Ltd (the Company) operated a vegetable growing business that used a tractor to plant seeds. In addition to operating the tractor, an employee was also required to check if the seeds were planted properly

Incorrectly installed scaffolding collapses, causing fall from height

Pro Guardrail Pty Ltd (the Company) is a scaffolding subcontractor that failed to correctly install scaffolding, which collapsed when a carpentry subcontractor stepped onto an unsecured scaffold plank. As a result, the carpenter fell 5 metres to the floor.

Business gets caught out taking shortcuts on safety

Stadelmann Enterprises Pty Ltd (the Company) operated an earthmoving business and was engaged to move a 17-tonne excavator by way of truck and trailer to a work site.

Defendant fails to implement reliable procedures to control a known risk

On 31 January 2014, Mr Grant, who ran an arborist service, inspected a tree with a tenant of the premises. During this inspection, Mr Grant recognised the tree was frail. It had been dead for at least 7 years, it stood 20 metres high and there were no structural roots to provide support.

$1 million fine for glazing company for failing to heed advice

WGA Pty Ltd contracted a 49-year-old man to work on installations at a residential apartment construction site. He was installing a piece of aluminium outside the window when the power generated by nearby power lines jumped to the metal.

Inexperienced worker taken to hospital

On 23 March 2016, Taronga Arch Pty Ltd, a housing construction company was engaged to undertake roofing works on a community hall. A first-year apprentice employed by the company was tasked with assisting with the installation of roofing materials at a height of 3 metres.

Eye injury for unsupervised young worker

On 10 March 2015, an apprentice employed by building company Nepean Builders Pty Ltd, was working at a building site in Somers, Victoria, trimming nails with a reciprocating saw when part of a nail struck him in the left eye.

Temporary handrail provided inadequate protection

Karimbla Construction Services (Karimbla) was the principal contractor on a residential building construction site. A concrete worker was working on site.

Incorrectly installed scaffolding causes fall

On 3 September 2015, a sub-contractor carpenter engaged by construction company Purity Developments Pty Ltd, was working at a development installing box gutters, fascia, guttering capping and flat roofs.

Failure to provide safe system of work to forklift loaders

On 4 April 2015, AGFAB Engineering Pty Ltd (the Company) – a general engineering, electrical, maintenance and project management company – was concluding work at a client’s site in Port Melbourne.

Lack of communication and action results in injury to contractor

Metricon Homes Pty Ltd (the Company), a home-building company, was the principal contractor in the construction of a home in Bannockburn, Victoria. The Company engaged a roofing contractor for the supply and laying of tiles, who then engaged a subcontractor to tile the roof.

All reasonable steps not taken to prevent electrocution

Construction work was performed on the roof of a retirement home. Mr Gumbleton, who was a labourer, and Mr Stadler (a licensed plumber) were working in a manhole in the roof space.

Failing to adequately guard a machine results in worker injury

Pinnacle Bakery & Integrated Ingredients Pty Ltd (the Company) manufactures and distributes bakery products across Australia. One of its manufacturing plants contained an item of plant called the ‘Small Rademaker Depositor Machine’.

Company pleads guilty to breaching its primary duty after trench collapse

Bustin’ Free Earthworks Pty Ltd (Company) was a small, family building business that specialised in earthworks. At the time of the incident, the Company was engaged in excavation and sewerage installation.