Bilic Homes Pty Ltd

14th June 2016

At approximately 9am on 23 June 2014 a carpenter was nailing sheet flooring, pressing against an unsupported brick wall.

Another carpenter was assisting him to do this and as he walked away to get another sheet, the wall collapsed on top of the first carpenter, and he was unable to be revived. Builder failed to follow Australian standards, undertook sequence of work out of normal order and failed to provide a safe place of work.

Court: Melbourne County Court

Category: Fatality; Failure to provide a safe working environment

Fine: $300,000.00

Integra Civil Pty Ltd

20th April 2016

Three employees of the offender were working in a trench without a trench shield. On the day of the incident, the section of trench being dug intersected with a large sewer pit and several smaller sewer pipes that crossed through the trench. An employee of the offender explained that when they encountered a cross over pipe they would continue to use the shield to lay sewer pipes. However, when the trench shield did not fit because of the cross-over pipes they would simply lift the shield over the existing piping, which meant that people in the trench were not working within the trench shield and so receiving the coverage they needed to safely work. There was a risk of serious injury to or death.

Court: Bendigo Magistrates’ Court

Category: Confined spaces; Failure to provide a safe system of work; Failure to provide information, instruction, training or supervision

Fine: $18,000.00

Costs: $3,000.00

Wayne Allan Dennert trading as Quality Carpentry

3rd June 2016

Quality Carpentry and Building Maintenance employed two apprentice carpenters and two subcontractors. In April 2015, an 18 year old apprentice carpenter made a complaint to WorkSafe that he had been bullied by the offender since he had commenced working for the offender in April 2013. The allegations included incidents of verbal, physical and psychological bullying and harassment. The investigation established that the offender had failed to provide a safe system of work and the necessary information, instruction, training and supervision to employees in relation to workplace bullying. During the relevant period, the offender had engaged in workplace bullying and encouraged his employees to participate in bullying behaviour. The offender pleaded guilty and was, with conviction, sentenced to pay a fine of $12,500 and to pay costs of $757.71.

Court: Geelong Magistrates' Court

Category: Failure to provide a safe system of work; Failure to provide information, instruction, training or supervision; Workplace bullying/harassment; Failure to provide a safe working environment

Fine: $12,500.00

Costs: $757.71

BMC Demolition

1st June 2016

WorkSafe Victoria received information that there was a domestic dwelling in a state of demolition that possibly contained asbestos. Employees of the offender had commenced demolition works at the workplace. The building being demolished was partially covered in asbestos containing material. The offender failed to ensure, so far was reasonably practicable, that the workplace was safe and without risks to health when it failed to ensure that it identified asbestos under its management and control that was likely to be disturbed by proposed demolition work and ensure so far as is reasonable practicable that the asbestos was removed before the demolition work was commenced. On 6 August 2015, there were risks to health and safety by way of inhalation of asbestos fibres which could lead to diseases such as mesothelioma, lung cancer and asbestosis.

Court: Heidelberg Magistrates’ Court

Category: Asbestos; Failure to provide a safe working environment

Fine: $2,000.00

Costs: $2,000.00

Ducon Pty Ltd

29th April 2016

A subcontracted concrete pumping truck set up its outriggers on the capping beam in the laneway adjacent to the workplace. A capping beam is solid concrete supported by piles and a suitable place for heavy machinery with outriggers such as concrete pumping trucks to be set up. There was a hazard along the capping beam in that there was an unidentified ventilation shaft within it. The offender had covered the shaft with 100mm layer of concrete (presumably to prevent people from falling into it) but in doing so created a hazard because the shaft looked like part of the capping beam. There was a real and obvious risk of serious injury or death to a person if the shaft was penetrated. A worker was up on a mobile scaffold, holding and directing a hose into formwork columns. Six columns had been poured and the concrete pumping truck swung its boom over to the seventh column. The left rear outrigger of the concrete pumping truck penetrated the 100mm layer of concrete, tipping the truck over, causing the boom to come down and hit the scaffold. The worker on the scaffold suffered a crushed right hand, broken right ankle and foot, and a fractured spine. He also required skin grafting.

Court: Melbourne Magistrates' Court

Category: Crush injuries; Failure to conduct a risk/hazard assessment; Failure to provide a safe system of work; Failure to provide information, instruction, training or supervision

Fine: $50,000.00

Costs: $20,000.00

Harinder Singh a sole trader trading as ‘All Signs Australia’

2nd June 2016

A WorkSafe inspector observed employees of the offender working on top of the canopy at a petrol service station in Sunbury. He observed signage stating the canopy was 4.8 metres high and estimated the workers were approximately five metres above the ground. A mobile scaffold was assembled on the front left corner of the canopy. The scaffold was more than four metres in height, was incomplete in that it was missing handrails and edge protection at its top and was not secured to the canopy.

There was a gap of 200-300 mm between the scaffold edge and the canopy. The employees stated that their supervisor had just left the site just prior to the inspector’s attendance, and that they continued to work in his absence. The offender, his employees and their supervisor did not hold appropriate high risk work licences for the erection of scaffold over four metres in height. The offender was charged with allowing employees to perform high risk work, being erection of scaffold over four metres, without the appropriate high risk work licence; failing to provide or maintain systems of work by failing to ensure scaffold was complete and secure prior to allowing employees to access it; and failing to supervise employees to ensure that they did not access the incomplete and insecure scaffold.

Court: Broadmeadows Magistrates' Court

Category: Failure to provide a safe system of work; Failure to provide information, instruction, training or supervision; Falls/work at height offences; Inexperienced employee; High risk work without a licence; Failure to provide a safe working environment

Published: 06/06/2016

Fine: $10,000.00

Costs: $3,441.00

BRILLIANT ALONG DEVELOPMENTS PTY LTD

22nd April 2016

On 26 July 2013 two workers were injured when the underground fuel storage tank they were moving with an excavator exploded.

After a SafeWork NSW investigation the defendant, Brilliant Along Developments Pty Ltd, was charged with breaches of section 32/19(1) and section 32/19(2) of the Work Health and Safety Act 2011.

On 22 April 2016 the defendant was convicted by the District Court and the defendant was fined a total of $240,000.

ROMANOUS CONTRACTORS PTY LTD AND JOHN ALLEN ROMANOUS

8th April 2016

On 20 September 2012 a worker was fatally injured when he fell approximately 5 metres through a penetration at a construction site.

After a SafeWork NSW investigation the defendant, Romanous Contractors Pty Ltd and its director John Allen Romanous, were charged with a breach of section 32/19(1) and section 32/27(1) of the Work Health and Safety Act 2011 respectively.

On 8 April 2016 the defendants were convicted by the District Court and the corporate defendant fined $425,000 and the director defendant fined $85,500.

OAKVILLE PRODUCE PTY LTD (FORMERLY MORAITIS PTY LTD)

7th April 2016

On 16 December 2013 a worker was fatally injured when he was struck by a reversing forklift at a potato farm.

After a SafeWork NSW investigation the defendant, Oakville Produce Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.

On 7 April 2016 the defendant was convicted by the District Court and fined $187,500.

Company Name not published

25th February 2012

Two of the defendant's workers were removing and installing advertising skins (which form billboard advertising) from an elevated platform. An uninsulated metal pole measuring 6.5 metres was being used by one of the workers to remove the advertising skin; the worker contacted live power lines and was electrocuted.

Court: Brisbane Magistrates Court

Category: failed to meet its electrical safety obligations under s. 30 of the obligation under s.27 Electrical Safety Act 2002

Fine: $125,000

Costs: $49,934

Residential Roofing

13th August 2013

Residential Roofing was contracted to replace roof sheeting at a residential property and employed three workers to complete the work.No arrangements were made to cut power to the dwelling, despite electrical cables running on top of the roof.

Worker one and worker two were on the roof laying and screwing metal roofing sheets down, while worker three was on the ground passing the roofing sheets up. Worker one fixed a metal roofing sheet in place using a 65 millimetre steel screw, which penetrated the live conductor of the mains cable. The screw acted as an electrical bridge to the metal roof making it live (energised).

The workers did not realise the roof was energised and began climbing down the ladder. As worker two was climbing down (worker one was still on the roof) he noticed a wallet in the gutter and reached in to grab it. He made contact with the gutter and received a serious electric shock. Worker one reacted by grabbing worker two, and the ladder, in an attempt to push the ladder away from the roof. He also received an electric shock and fell to the ground. The ladder, and worker two, fell to the ground. Worker three saw the events and ran over to the switchboard to turn the power off (this would not have ceased the electricity supply through the mains cable energising the roof).

Worker two was unconscious on the ground and not breathing when worker three went to his aid and commenced resuscitation. Worker one (who fell off the roof) was conscious and breathing and assisted with the resuscitation. Worker two was revived and transported to Princess Alexandra Hospital. Worker one was transported to Ipswich Hospital.

Worker one sustained an electric shock but no injury. He was released from hospital following tests and observation.

Worker two had CPR administered at the incident for six minutes until Queensland Ambulance Service attended and provided defibrillation. He sustained a cardiac arrest, was intubated at site and then admitted to the intensive care unit at the Princess Alexandra Hospital for 24 hours of active cooling, a procedure in which cool fluids are intravenously administered in an attempt to protect the heart following electric shock. He fractured five ribs, suffered a serious laceration to his hand and sustained a collapsed lung.

The defendant had no prior convictions, did not cooperate fully with the investigation and did not appear at the sentence which proceeded ex parte. The defendant did fax the court information concerning its financial status, outlining it had run at a loss.

Court: Ipswich Magistrates Court

Category: Failed to ensure that the defendant business was conducted in a way that was electrically safe under s27 of the duty under s 30(2) Electrical Safety Act 2002

Fine: $50,000

Costs: $5,231

JCW Electrical Pty Ltd

8th February 2013

Description of Breach(es)

Background Details

JCW Electrical Pty Ltd (ACN 141 195 708) (JCW) is a corporation that operated an electrical contracting business from premises located at 7A Stuart Street, Bunbury.

On 8 February 2013 at approximately 7:30 a.m., Dale Mortley (a licensed electrician employed by JCW) and an 18-year-old trades assistant employed by JCW who was not licensed to perform electrical work attended a residence combined dining/lounge room. Whilst assisting in the roof space the trades assistant was electrocuted.

Emergency services then arrived, cut off all power to the Premises at the switchboard, and took over first aid on the trades assistant. The trades assistant was taken to hospital but was confirmed deceased shortly after.

On commencing work as a licensed electrician with JCW, JCW did not give Mr Mortley further training or instruction as to the testing of circuits for energisation, on the basis that that area was basic knowledge for a qualified and licensed electrician.

Court: Magistrates Court of Western Australia - Bunbury

Category: Employer, failed to, so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards, contrary to sections 19(1) and 19A(3) of the Occupational Safety and Health Act 1984 (Act).

Fine: $38,000.00

Costs: $2,156.00

R V Canberra Contractors Pty Ltd

Date of offence: 12th December 2011

On 12 December 2011 an experienced construction worker was killed when he was struck by a reversing grader at a civil construction site in West Belconnen. The grader was "trimming" the soil as part of the construction of a road. The deceased worker was checking and marking soil levels at survey pegs placed at intervals along the proposed road site. This required him to crouch or kneel down to line up his hand held telescopic sight with the survey pegs and then give hand signals to the grader driver to indicate where and how deep the grader blade should cut.

At one point during that process, the grader reversed at an angle towards the area where the deceased worker was kneeling to check the grade of the road. The worker was not visible to the reversing grader operator. The worker appeared not to hear the reversing signal beeper of the grader or the warning shouts of his co-workers. He was struck by the grader and died from the injuries he sustained.

Court: ACT Supreme Court.

Category; Failure to comply with a safety duty which exposes an individual to a substantial risk of serious harm). Maximum penalty $550,000 for a corporation.

Penalty: $82,500.

Three companies have been charged with breaching their duty of care following the electrocution death of a worker on Darwin’s Waterfront development.

Twenty-three-year-old welder Cameron Bradley died in February last year when he was working on a pontoon near East Arm Wharf.

The three Contractors have been summonsed to appear in the Darwin Magistrates Court on charges of breaching Section 29 of the Work Health Act.

They face a maximum penalty of $125,000 each.

NT Worksafe spokesman John Hassed says the detailed investigation meant it took a long time for charges to be laid.

“The charges predominantly are under section 29 of the Work Health Act, and allege a failure to provide a safe workplace and that the health and safety of a worker was adversely affected by the work being undertaken,” he said.

Electrical Trades Union spokesman Alan Paton says unions will campaign for construction companies to submit site safety plans to NT Worksafe before they start any building work in the Territory.