Case Law - Health & Safety Handbook (Page 15)

Case Law

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.

Construction company and director fined for failing to exercise due diligence

E&T Bricklaying Pty Ltd (E&T), a construction company, was contracted to install besser blocks in a two-storey building. During installation of vertical steel reinforcement bars into the besser block wall,

Two employers held liable for fatal accident

On 4 April 2009, Daniel Hill was killed while working at Longwall Panel 9, in the Integra Coal Underground Mine at Glennies Creek.

Company fined $600,000 for failing to follow safety recommendations

Thiess Services Pty Ltd was charged following a breach of the Occupational Health & Safety Act 2004 (Vic) (OHS Act) after an overloaded barge capsized on the Patterson River in Victoria.

Business failed to alert workers of fall risk

In February 2013, a bottle shop worker fell through an open trapdoor when working at the Wallacia Hotel in NSW. She suffered multiple injuries, including injuries to her feet, which required surgery.

Worker's stunt ends in employer's prosecution

On 9 December 2014, HOA Australia Pty Ltd operated an importer and wholesaler business, which employed about 30 workers.

Poorly constructed scaffolding results in injury

A scaffolder located in Perth failed to take reasonable care in erecting a scaffold. Mr Allen, an employee of the scaffolding company, added a third lift to the steel-framed and steel-planked scaffold that had previously been erected around the building site.