Case Law - Health & Safety Handbook (Page 15)

Case Law

$300,000 fine for death caused by failing to follow standard

Bilic Homes, a family-owned building company, was charged with failing to provide and maintain a safe working environment. The prosecution concerned an incident where an unbraced brick wall collapsed and killed a carpenter who was working on the site.

Worker's fall due to failure to comply with SWMS

Vand Builders Pty Ltd was the principal contractor for the construction of residential premises and engaged another company to supply, fix and flush plasterboard at the workplace.

Bullying boss convicted and fined

In April 2015, an 18-year-old apprentice carpenter made a complaint to WorkSafe that he had been bullied for more than 2 years by Mr Dennert, a sole trader, trading as Quality Carpentry and Building Maintenance.

Placement service fined following injury to apprentice

A prosecution was brought against Trainee and Apprentice Placement Service Inc, a not-for-profit organisation that places apprentices in the construction industry with host employers.

Labour hire company fined $150,000 after worker crushed in machinery

A labour hire company, Fix Force (Qld) Pty Ltd (Fix Force) failed to ensure that its worker was not exposed to unsafe equipment in the workplace. As a proper guard was not in place, the worker suffered significant injuries as a result of being crushed.

Consistent disciplinary treatment is required in relation to safety breaches

In July 2015, Jetstar terminated Mr Gill’s employment as a mechanical engineer at Avalon Airport in Melbourne because he drove a tow tug vehicle on a public road to pick up some lunch.

Fine for failing to visually identify or communicate a hidden risk to others

On 5 April 2012, a concrete pumping truck set up its outriggers on a capping beam next to a construction site where Ducon Pty Ltd was principal contractor for a 36-storey apartment building project.

Failure to update safe work method statement leads to near miss

In May 2015, a construction company engaged demolition contractor, Bernie Leen & Sons Pty Ltd (Bernie Leen), to demolish a section of old buildings.

Impersonating safety inspectors results in $15,000 fine

Samuel Narroway was charged with seven separate breaches of the Work Health and Safety Act 2012 (WHS Act) by impersonating a safety inspector in South Australia. This included posing as a SafeWork inspector at:

Failure to provide and maintain a safe system of work

On 28 August 2014, a labour hire worker of Orrcon Distribution Pty Ltd (Orrcon) was operating a bridge crane to move a load of steel at the workplace.

Fined by court despite no injury to workers

On 25 March 2015, Fountain Downs Pty Ltd was constructing a two-storey residential house when a WorkSafe Victoria inspector attended the workplace and observed that workers on the second level balcony were not protected from a fall risk.

Companies fined $1.5 million after worker death

On 28 May 2011, an employee of Frankipile died after falling approximately 40 metres when the mast of a piling rig collapsed at a construction site.

Failure to provide support person results in hefty fine

Glencore is an international mining company. In 2010, a worker at Glencore’s Bulga mine in NSW was crushed beneath a moving roof support.

Construction company fails to control risks

A construction company twice failed to properly identify workplace risks or to provide adequate safety structures for a safe system of work.

Failure to follow industry code of practice

As part of a pearling operation, workers of Paspaley Pearling Company Pty Ltd (Paspaley) collected pearls from the ocean floor in a specialised form of diving, known as drift diving. This required the workers to dive underwater for up to 45 minutes at a time.