Case Law - Health & Safety Handbook (Page 17)

Case Law

Failure to implement safe management systems

Bulga Underground Operations Pty Ltd (Bulga) is in the coal mining industry. In August 2010, Mr Newstead, a worker, was changing the picks on a shearer’s cutter drum when a slab of coal fell from the exposed roof above the drum and struck him, causing serious injury.

Worker's first day results in injury

Elite Concrete Pumping Pty Ltd (Elite Concrete) is a concrete work contractor. Elite Concrete supplied a 17-year-old worker to the building company Bellard Pty Ltd to work on one of their building sites in South Australia.

Inadequate traffic management plan leads to fatality

City Circle Recycling Pty Ltd (City Circle) is a demolition, excavation and recycling business in Victoria. In December 2012, a City Circle worker was working as a load inspector in a tipping area when he was killed by a front-end loader that reversed over him.

Employer enters into enforceable undertaking after breaching legislation

On 16 November 2012, a Nature’s Gift Australia Pty Ltd worker injured her arm when she bypassed the ‘light curtain’, a presence-sensing safeguarding system, to reach a tray unloader in an attempt to clear a blockage.

Failure to ensure safe traffic management

On 1 December 2012, Mr Bourke, a worker at City Circle Recycling Pty Ltd, was killed after a large front-end loader reversed over him, resulting in fatal crush injuries.

$100,000 penalty for failing to undertake risk assessment

In October 2011, John Holland Pty Ltd (John Holland) commenced construction of the C3 Cross Passage Tunnel on the Airport Link Tunnel Project in Brisbane.

Victorian company fined $50,000 after explosion

On 26 March 2013 an explosion occurred at a mushroom-growing business while a room was being sterilised. The mushroom-growing process required sterilisation of the growing room through a process known as a ‘burn-out’.

18-year-old trade assistant electrocuted

An 18-year-old was electrocuted and killed on 8 February 2013 while working as a trade assistant to a licensed electrician.

Business fined $90,000 for failing to conduct a risk assessment

Linfox Australia was engaged to provide warehousing services to Ikea Distribution Services Australia. A worker sustained significant crush injuries when he was struck by a forklift at the worksite.

Failure to enforce safe systems of work

IKC Sheds carries out steel manufacturing, including manufacturing steel sheds. On 30 August 2012, a worker suffered injuries when he fell through the roof of a shed he was working on.

Worker suffers burn injuries

Siva & Jeya Pty Ltd operated a restaurant that used bain-maries to keep food warm (the trays are heated with methylated spirits stored in a burner underneath). On 1 January 2011, the vapours of the methylated spirits ignited when a worker attempted to refill the burner, causing an explosion.

Invalid assessment by a medical practitioner

A 47-year-old coal mine worker was employed by Watpac. The worker’s primary role was to operate heavy machinery at the coal mine. While working at the mine, the worker suffered a whiplash injury.

Failure to protect a third party from a fall risk

In the course of constructing a multi-unit residential project for Shangri-La Construction, the crane crew was loading a pack of prefabricated beams from the west side to the east side of the first floor.

Failure to properly maintain equipment

Hungry Jacks operated a fast food restaurant in SA that used deep fryers. Deep fryers had to be cleaned with a mobile filtration unit if their internal filtration process was not operating.

Worker seriously injured in drum explosion

On 13 January 2014, a subcontracted welder and fabricator was using an angle grinder to cut the top off two 205-litre drums. He successfully cut the top off the first drum, but while cutting the top off the second drum there was an explosion and he was thrown backwards into a tool rack.