Prosecutions

We can (and do) carry out legal prosecutions through the courts against individuals, employers or businesses who have broken WHS laws or workers compensation legislation.

Prosecutions through the courts are however a last resort for us, and only carried out in the most serious cases.

This page provides information about:

Work health and safety incident

When an incident may have occurred, we send inspectors to carry out investigation.

These investigations help us determine:

  • exactly what caused the incident
  • the lessons learnt to improve workplace safety and prevent injuries
  • whether prosecution is warranted

During our investigations we may need to liaise with other agencies to determine jurisdiction and which agency has the lead role in an investigation.

A number of issues are considered when determining whether to start a prosecution. We set these out in our compliance policy and prosecution guidelines.

The Coroner may also be involved (in a fatality) to determine the manner and cause of death. We may provide the Coroner with a report.

The evidence from the Coronial inquest may also be used by us in any prosecution.

Workers compensation fraud

We can (and do) also carry out legal prosecutions through the courts against individuals, employers or businesses who have defrauded the workers compensation system.

When an incident of fraud on the workers compensation scheme may have occurred we conduct an investigation.

The investigation will help us determine how the scheme might have been defrauded and whether prosecution is warranted.

For more information see our workers compensation fraud section.

Requesting a prosecution

This information is only relevant to WHS Act prosecutions.

A person can ask us to start a prosecution if:

  • they believe a category one or two offence of the Work Health and Safety Act 2011 has occurred
  • we have not started a prosecution in the six months (but no later than 12 months) following the incident

The request must be in writing using the request form or by letter sent to us by mail.

The request should include:

  • the facts of the event
  • the date, place and names of the people concerned
  • the nature of the offence you believe has occurred
  • the person you believe committed the offence

We will provide a written response to a request within three months, and advise you whether the investigation is complete, and if it is complete whether a prosecution will be brought.

If the decision has been made not to bring a prosecution, we must tell you the reasons for that decision. You can ask the Director of Public Prosecutions to review that decision if you wish.

For more information about prosecutions, read our fact sheet.

Prosecution summaries

We provide brief summaries of our prosecutions where there has been a finding of guilt and a conviction.

Our summaries are updated every three months.

Convictions are only under this legislation:

Summaries do not include penalties that are 'spent' under the Criminal Records Act 1991.

This information does not contain or convey legal advice.

2017 prosecution summaries

September 2017

Jeremi Scott Tolputt

1 September 2017

On 1 June 2015 a 20 year old labourer fell approximately 11 metres off a roof of a house after being hit by a swinging branch cut from a tree, suffering a fractured shoulder from the fall.

After a SafeWork NSW investigation, the defendant, Jeremi Scott Tolputt, was charged with a breach of sections 28(b) and 32 of the Work Health and Safety Act 2011.

On 1 September 2017 the defendant was convicted by the District Court and fined $20,000.00

August 2017

New South Wales Sugar Milling Co Operative Limited

28 August 2017

On 4 September 2014, 2 workers were directed to restart a boiler and loaded bagasse onto the grate of the furnace.  The workers  waited for the retained heat in the furnace to ignite the bagasse. One worker opened the door to the furnace and could not detect any signs of ignition and then then hosed diesel onto the furnace which ignited and a fireball blew back causing the worker to suffer burns.

After a SafeWork NSW investigation, the defendant, New South Wales Sugar Milling Co Operative Limited, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.

On 28 August 2017, the defendant was convicted by the District Court and fined $42,500.00.

Carrolls Springs Pty Ltd

23 August 2017

On 25 May 2015, a worker  suffered severe lacerations to his left cheek when the cutting disk of an angle grinder kicked back or shattered and struck the worker in the face.

After a SafeWork  NSW investigation, the defendant, Carrolls Springs Pty Ltd, was charged with a breach of section 32 of the Work Health and Safety Act 2011 for failing to comply with its duty under section 19(1) of the Act.

On 23 August 2017 the defendant was convicted by the District Court and fined $75,000.00.

Grip Asia Pacific Pty Limited

14 August 2017

On 17 November 2015 a worker was injured when he fell approximately 3 metres while installing warehouse racking.

After a SafeWork NSW investigation, the defendant, Grip Asia Pacific Pty Limited, was charged with a breach of Section 32/19(1) of the Work Health and Safety Act 2011.

On 14 August 2017 the defendant was convicted by the District Court and fined $85,000.00.

Macleay River Protein Pty Limited

11 August 2017

On 4 August 2015, a worker employed as a renderer at a meat processing plant, was fatally injured when he was crushed between the 300-400kg load of a forklift and a wall after he tried to adjust the load and the forklift suddenly moved forward.

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

On 11 August 2017 the defendant was convicted by the District Court and fined $375,000.00.

July 2017

Action Concreting and Constructions Pty Ltd

31 July 2017

On 11 October 2014 a worker suffered severe injuries including head injury, mechanical derangement of the spine, ongoing incapacity and permanent mobility restrictions when he fell approximately 2.7 metres from the first floor of a residential construction site.

After a SafeWork NSW investigation the defendant, Action Concreting and Constructions Pty Limited, was charged with an offence under section 32 of the of the Work Health and Safety Act 2011 (the Act)for failing to comply with its obligations under section 32/19(1) of the Act.

On 31 July 2017 the defendant was convicted by the District Court and fined $27,000.00.

June 2017

Projectcorp Australia Pty Ltd

22 June 2017

On 16 August 2013 a worker suffered serious head injuries when piece of steel reinforcing bar pierced his skull when it came through the open front of an excavator he was operating.

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

On 22 June 2017 the defendant was convicted by the District Court and fined $90,000.

May 2017

Alexander Gregory Bennett Grant

9 May 2017

On 3 February 2014 a worker suffered serious head injuries when he fell approximately 11 metres while lopping a tree.

After a SafeWork NSW investigation the defendant, Alexander Grant, was charged with a breach of 32/19(1) of the Work Health and Safety Act 2011.

On 9 May 2017 the defendant was convicted by the District Court and fined $80,000.

WGA Pty Ltd

5 May 2017

On 19 June 2014 a worker suffered serious injuries following an electric shock as a result of working in close proximity to high voltage overhead power lines

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

On 5 May 2017 the defendant was convicted by the District Court and fined $1,000,000.

April 2017

Nil

March 2017

Karimbla Constructions Services (NSW) Pty Ltd

31 March 2017

On 10 February 2015 a worker suffered serious head injuries when he fell down a flight of stairs, without inadequate edge protection, at a construction site.

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

On 31 March 2017 the defendant was convicted by the District Court and fined $135,000.

Thermal Electric Elements Pty Ltd

24 March 2017

On 6 August 2017 a 17 year old work experience student suffered amputation of tips of two fingers when using a brake press machine.

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

On 24 March 2017 the defendant was convicted by the District Court and fined $250,000.

February 2017

Tamex Transport Services Pty Ltd

21 February 2017

On 28 February 2014 a worker suffered serious head injuries when he was struck by the gate of a metal container cage being unloaded from a forklift.

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

On 21 February 2017 the defendant was convicted by the District Court and fined $220,000.

United Roof Tiling Pty Ltd

14 February 2017

On 14 May 2014 a worker was injured when he fell from the second storey of a residential building while installing roof tiles, as the awning he was standing on collapsed.

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

On 14 February 2017 the defendant was convicted by the District Court and fined $120,000.

Bustin’ Free Earthworks Pty Ltd

2 February 2017

On 29 January 2015 two workers were injured when an excavation they were working on collapsed.

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

On 2 February 2017 the defendant was convicted by the District Court and fined $90,000.

January 2017

Nil

2016 prosecution summaries

December 2016

PJL Group Pty Ltd

15 December 2016

On 26 May 2014 a worker suffered fatal crush injuries when the articulated vehicle he was working on fell from the support jacks.

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

On 15 December 2016 the defendant was convicted by the District Court and fined $225,000.

Matthew Charles Camilleri

9 December 2016

On 8 September 2014 a worker was seriously injured when he fell 3-4 meters to the ground at a residential construction site.

After a SafeWork NSW investigation the defendant, Matthew Charles Camilleri, was charged with a breach of 32/19(1) of the Work Health and Safety Act 2011.

On 9 December 2016 the defendant was convicted by the District Court and fined $56,250.

November 2016

Schaefer Systems International Pty Ltd

28 November 2016

On 9 September 2013 a worker was seriously injured when he fell approximately 6 metres from the unguarded edge of a storage system framework being installed.

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

On 28 November 2016 the defendant was convicted by the District Court and fined $120,000.

Theodoros Mouhtaris

23 November 2016

On 7 April 2015 a worker was injured when he was struck by a forklift driven by the defendant at Sydney Markets, Flemington.

After a SafeWork NSW investigation the defendant, Theodoros Mouhtaris, was charged with a breach of section 32/28 of the Work Health and Safety Act 2011.

On 23 November 2016 the defendant was convicted by the Local Court and fined $4,500.

October 2016

Allmen Engineering Projects Pty Ltd and Rupert Henry (Director)

31 October 2016

On 10 March 2014 a worker suffered permanent brain damage when attempting to turn a 500kg steel beam with a turning bar while he was standing on trestles. The turning bar broke, hitting him in the head and causing him to fall.

After a SafeWork NSW investigation the defendants, Allmen Engineering Projects Pty Ltd and its director, Rupert Henry, were charged with a breach of section 32/19(1) and 32/27(1) of the Work Health and Safety Act 2011 respectively.

On 31 October 2016 the defendants were convicted by the District Court.  The corporate defendant was fined $150,000 and the individual defendant was fined $15,000.

P.K. Roofing Pty Ltd

28 October 2016

On 20 February 2014 two workers were at risk of falling from a height of over two metres while working on a roof at a residential construction site without fall protection.

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

On 28 October 2016 the defendant was convicted by the District Court and fined $28,000.

Newcastle Stevedores Pty Ltd

28 October 2016

On 23 September 2012 a worker was fatally injured when stacks of aluminium ingots being loaded into a ship fell on him.

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

On 28 October 2016 the defendant was convicted by the District Court and fined $150,000.

Bo Liang Yu

20 October 2016

On 9 February 2015 a worker was injured when he fell approximately three metres through the ceiling while moving a box onto the shelving. He had been transported up to the shelving by standing on the tynes of a forklift truck.

After a SafeWork NSW investigation the defendant, Bo Liang Yu, was charged with a breach of 32/27(1) of the Work Health and Safety Act 2011.

On 20 October the defendant was convicted by the Local Court and fined $15,000.

Tho Services Limited

17 October 2016

On 11 March 2013 a 15 year old work experience student suffered permanent loss of vision to both eyes when he was welding on his first day of work placement without eye protection correctly in place.

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

Following an appeal on behalf of the prosecutor, on 17 October 2016 the defendant was convicted by the Court of Criminal Appeal and fined $240,000.

M S Glass Pty Ltd

5 October 2016

On 19 February 2015 a worker was injured and the worker’s employer, the defendant, failed to immediately notify the regulator of the injury. The regulator was not notified of the incident until 27 February 2015.

After a SafeWork NSW investigation the defendant, M S Glass Pty Ltd, was charged with a breach of section 32/38(1) of the Work Health and Safety Act 2011.

On 5 October 2016 the defendant was convicted by the Local Court and fined $4,000.

September 2016

Greg Dunn

12 September 2016

On 19 December 2012 a worker was fatally injured when the tractor he was using to slash grass rolled over, crushing him.

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

On 12 September the defendant was convicted by the District Court and fined $160,000.

Karemen Pty Ltd

2 September 2016

On 16 April 2014 a motor mechanic suffered fatal injuries when the vehicle he was working on fell from the hoist, crushing him.

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

On 2 September 2016 the defendant was convicted by the District Court and fined $75,000.

Essential Energy

2 September 2016

On 2 September 2013 a worker was fatally electrocuted after taking hold of a cable being lowered to the ground which became energised.

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

On 2 September 2016 the defendant was convicted by the District Court and fined $300,000.

August 2016

Com Constructions Pty Ltd

23 August 2016

Com Constructions Pty Ltd failed to comply with section 155(5) notices that were issued to it during an investigation under the Work Health and Safety Act 2011.

Com Constructions Pty Ltd, was charged with two breaches of Section 155(5) of the Work Health and Safety Act 2011.

On 23 August 2016 the defendant was convicted by the District Court and fined a total of $30,000.

Kang Hua Pty Ltd (trading as Dynasty Stone Art)

9 August 2016

On 19 December 2014 a worker was seriously injured when his foot was run over and wedged under the front of a forklift tyre.

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

On 9 August 2016 the defendant was convicted by the District Court and fined $90,000.

Mathew Penese

8 August 2016

On 22 April 2015 a 68 year old Grocer was injured when he was struck by a forklift while using a pedestrian access way at the Flemington Markets.

After a SafeWork NSW investigation the defendant, Mathew Penese, was charged with a breach of Section 32/28 of the Work Health and Safety Act 2011.

On 5 August 2016 the defendant was convicted by the Local Court and fined $5,000.

Freedom Foods Pty Ltd

1 August 2016

On 28 July 2014 a worker suffered crush injuries to the fingers of his right hand while attempting to clear a blockage in an item of plant while it was operating.

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

On 1 August 2016 the defendant was convicted by the District Court and fined $75,000.

July 2016

JSN Hanna Pty Ltd

4 July 2016

On 7 December 2012 a worker suffered serious injuries when he fell approximately 12 metres from an unguarded scaffolding hop-up platform at a construction site.

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

On 4 July 2016 the defendant was convicted by the District Court and fined $87,500.

Pegela Rural Enterprises Pty Ltd

7 July 2016

On 4 June 2013 a worker was fatally injured when he was crushed between skid steer loader and the hoe attachment.

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

On 7 July 2016 the defendant was convicted by the District Court and fined $90,000.

Matthew Albans

8 July 2016

On 19 September 2014 a 17 year old apprentice butcher was injured when his arm became trapped in a meat mincing machine.

After a SafeWork NSW investigation the defendant, Matthew Albans, was charged with a breach of section 32/21(2) of the Work Health and Safety Act 2011.

On 8 July 2016 the defendant was convicted by the District Court and fined $3,400.

June 2016

Pickles Auctions Pty Ltd

8 June 2016

On 20 March 2013 one worker was fatally injured and another worker suffered serious injuries when they were moving a cabinet from the back of a truck onto the tynes of a forklift.  The workers lost control of the cabinet and were struck by it as it fell.

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

On 8 June 2016 the defendant was convicted by the District Court and fined $225,000.

High Top Roofing Pty Ltd and Carlos Abraham

24 June 2016

On 22 November 2014 a worker suffered injuries when he fell approximately three metres from the roof of a granny flat under construction.

After a SafeWork NSW investigation the defendants, High Top Roofing Pty Ltd and its director Carlos Abraham, were charged with a breach of section 32/19(1) and section 32/28 of the Work Health and Safety Act 2011 respectively.

On 24 June 2016 the defendants were convicted by the District Court and the corporate defendant fined $56,250 and the personal defendant fined $5,625.

May 2016

Tarake Barake

19 May 2016

Between 7 November 2011 and 11 April 2013 a worker made false and misleading statements concerning his claims for worker’s compensation and received $53,089.35 to which he was not entitled.

After a SIRA investigation the defendant, Tarake Barake, was charged with two breaches of Section 192E(1)(b) of the Crimes Act 1900.

Following a severity appeal by the Defendant from a Local Court decision, on 19 May 2016 the defendant was convicted by the District Court and an Intensive Correction Order for 12 months was imposed. The District Court confirmed the orders of the Local Court for restitution in the sum of $53,089.35.

April 2016

Brilliant Along Developments Pty Ltd

22 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

8 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)

7 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.

March 2016

Hills Mushrooms Pty Ltd

31 March 2016

On 9 September 2014 a worker suffered serious injury to his right arm when his arm was pulled into an unguarded nip point while undertaking maintenance on a conveyor.

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

On 31 March 2016 the defendant was convicted by the District Court and fined $165,000.

February 2016

E&T Bricklaying Pty Ltd and Eyup Kose (Director)

24 February 2016

On 26 April 2012 a worker suffered serious electric shock injuries when he contacted overhead power lines while installing scaffolding.

After a SafeWork NSW investigation the defendants, E&T Bricklaying Pty Ltd and the director Mr Eyup Kose, were charged with a breach of section 32/19(1) and 32/27(1) of the Work Health and Safety Act 2011 respectively.

The defendants were convicted by the District Court and on 24 February 2016 the corporate defendant was fined $80,000 and the director defendant was fined $10,000.

Omega International Coatings Pty Ltd

1 February 2016

On 28 January 2011 a fire broke out at the defendant’s premises causing considerable damage and parts of the suburb of Mt Druitt had to be evacuated.

After a SafeWork NSW investigation the defendant, Omega International Coatings Pty Ltd, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 1 February 2016 the defendant was convicted by the District Court and fined $40,000.

January 2016

Nil

2015 prosecution summaries

December 2015

Austral Hydroponics Pty Ltd and Eang Lam (Director)

11 December 2015

On 7 March 2013 a worker was seriously injured when he fell 2.5 metres from a hot house while attempting to remove pliable plastic covering from the hot house roof.

After a SafeWork NSW investigation the defendants, Austral Hydroponics Pty Ltd and the director Eang Lam, were charged with a breach of section 32/19(1) and 32/27(1) of the Work Health and Safety Act 2011 respectively.

On 11 December 2015 the corporate defendant was convicted by the District Court and fined $150,000 and the director defendant was fined $15,000.

High Performance Constructions Pty Ltd

3 December 2015

On 12 November 2012 two workers were injured when the staircase they were attempting to move fell on them.

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

On 3 December 2015 the defendant was convicted by the District Court and fined $9,000.

November 2015

Plumbers Supplies Co-Operative Limited

16 November 2015

On 8 August 2012 a worker was fatally injured when he was pinned between a reversing truck and another vehicle parked at the defendant’s premises.

After a SafeWork NSW investigation the defendant, Plumbers Supplies Co-Operative Limited, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.

On 16 November 2015 the defendant was convicted by the District Court and fined $120,000.

Yoorooga Holdings Pty Ltd

10 November 2015

On 20 February 2013 a bottle shop attendant was injured when she fell through an open cellar trap door at a hotel.

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

On 10 November 2015 the defendant was convicted by the District Court and fined $150,000

Grand Central Beverage Pty Ltd and Kwei-Yung (Mark) Suen (Director)

9 November 2015

On 26 February 2014 a 19 year old worker was seriously injured when he was crushed between a wall and truck that rolled backward.

After a SafeWork NSW investigation the corporate defendant, Grand Central Beverage Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011 and the director defendant, Kwei-Yung (Mark) Suen, was charged with a breach of section 32/27(1) of the Work Health and Safety Act 2011.

On 9 November 2015 the corporate defendant was convicted by the District Court and fined $37,500 and the director defendant was convicted and fined $3,700.

Aardvark Steel Constructions Pty Ltd

2 November 2015

On 14 January 2013 a worker was injured when his left arm was crushed between the top rail of a scissor lift and a steel beam when he was constructing an awning.

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

On 2 November 2015 the defendant was convicted by the District Court and fined $120,000.

October 2015

Neil Graham Gillespie

26 October 2015

On 20 March 2014 SafeWork NSW became aware that Neil Graham Gillespie was using a fraudulent National Licence to perform High Risk Work (HRW Licence) in the Open Class Crane category.

After a SafeWork NSW investigation the defendant, Neil Graham Gillespie, was charged with four breaches of Section 43(1) of the Work Health and Safety Act 2011.

On 26 October 2015 the defendant was convicted by the Local Court and fined a total of $7,000.

Southern Cross Rigging & Construction Pty Ltd and Khalil Merhi

6 October 2015

On 28 May 2010 a worker was injured when he jumped from a scissor lift to avoid the path of a falling mobile crane, which rolled due to overloading during the construction of a steel framework at a school.  The crane operator had jammed a stick into the override button of the Automatic Moment Limiter, allowing the crane to be operated even though the load was unsafe. 

After a SafeWork NSW investigation Southern Cross Rigging & Construction Pty Ltd was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000 and Khalil Merhi, a person concerned in the management of Southern Cross Rigging & Construction Pty Ltd was charged with a breach of section 66(b) of the Occupational Health and Safety Act 2000.

On 6 October 2015 the defendants were convicted by the District Court and Southern Cross Rigging & Construction Pty Ltd was fined $51,000 and Khalil Merhi was fined $5,400.

Allmen Engineering Projects Pty Ltd

2 October 2015

On 14 September 2013 a worker was seriously injured when a 563kg steel beam fell on to his foot while he was unloading a stillage of steel beams, requiring several surgeries to remove 4 of his toes and part of his foot.

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

On 2 October 2015 the defendant was convicted by the District Court and fined $135,000.

September 2015

Merrywinebone Pty Ltd

23 September 2015

On 21 July 2010 a 16 year old farm hand suffered serious crush injuries, including surgical amputation of his leg below the knee, when an 8.4 tonne counterweight attached to an excavator fell on him at a rural property.

After a SafeWork NSW investigation the defendant, Merrywinebone Pty Ltd, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 24 September 2015 the defendant was convicted by the District Court.

Auen Grain Pty Ltd was also charged and convicted in relation to this incident.

Auen Grain Pty Ltd

23 September 2015

On 21 July 2010 a 16 year old farm hand suffered serious crush injuries, including surgical amputation of his leg below the knee, when an 8.4 tonne counterweight attached to an excavator fell on him at a rural property.

After a SafeWork NSW investigation the defendant, Auen Grain Pty Ltd, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 24 September 2015 the defendant was convicted by the District Court and fined $41,250.

Merrywinebone Pty Ltd was also charged and convicted in relation to this incident.

NMK Pty Ltd

23 September 2015

On 16 August 2013 an 18 year old worker was injured when a piece of steel reinforcing bar flew into the cabin of the excavator he was using and penetrated 100mm into his brain.  The safety screen on the excavator was open at the time of the incident.

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

On 23 September 2015 the defendant was convicted by the District Court and fined $120,000.

Aluminium Shapemakers Pty Ltd

18 September 2015

On 10 October 2012 a worker was injured when he became trapped in an extrusion press which automatically started whilst he was retrieving an off cut.

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

On 18 September 2015 the defendant was convicted by the District Court and fined $37,500.

Waycon Bulk Pty Ltd

10 September 2015

On 8 April 2013 a worker had his right hand severed above the wrist whilst using a wood splitter.

After a SafeWork NSW investigation the defendant, Waycon Bulk Pty Ltd, was charged with a breach of section 38(1) and section 32/19(1) of the Work Health and Safety Act 2011.

On 10 September 2015 the defendant was convicted by the District Court and fined a total of $195,000 in respect of both charges.

Baker & Provan Pty Ltd

4 September 2015

On 24 May 2012 a worker was fatally injured when he was crushed between a ship mounted crane and the arm of another crane.

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

On 4 September 2014 the defendant was convicted by the District Court and fined $225,000.

Visy Paper Pty Ltd

4 September 2015

On 12 December 2012 a worker was fatally injured when he suffered multiple crush injuries when a front end loader moving waste paper drove over him.

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

On 4 September 2015 the defendant was convicted by the District Court and fined $412,500.

August 2015

Damon Spackman

28 August 2015

On 18 March 2011 a worker suffered chemical burns whilst installing pipe work in a waste water pit at the premises of Sony DADC Australia Pty Ltd. 

After a WorkCover investigation the defendant, Damon Spackman, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 28 August 2015 the defendant was convicted by the District Court and fined $19,000. Sony DADC Australia Pty Ltd was also charged and convicted in relation to this incident.

MSS Security Pty Ltd

19 August 2015

On 14 October 2011 a security guard was fatally injured when he was struck by a cement truck entering a worksite.

After a WorkCover investigation the defendant, MSS Security Pty Ltd, was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000. On 19 August 2015 the defendant was convicted by the District Court and fined $150,000.

Siva & Jeya Pty Ltd and Sivakumaran Mathiaparanam

18 August 2015

On 1 January 2011 a waitress suffered severe burns as a result of an explosion which occurred whilst she was replenishing methylated spirits in small dishes under a bain marie.

After a WorkCover investigation the defendant, Siva & Jeya Pty Ltd and its director Sivakumaran Mathiaparanam were each charged with a breach of section 8(1)of the Occupational Health and Safety Act 2000.

The defendants were convicted by the District Court and on 18 August 2015 were fined a total of $88,000.

C.H. Stop N Save Pty Ltd

17 August 2015

On 20 August 2012 workers and members of the public were put at risk of death or serious injury when liquid petroleum gas (LPG) was being decanted at a petrol station operated by the defendant. The LPG ignited, causing a significant fire at the site.

After a WorkCover investigation the defendant, C.H. Stop N Save Pty Ltd, was charged with a breach of section 32/19(1) and Section 32/19(2) of the Work Health and Safety Act 2011.

On 17 August 2015 the defendant was convicted of both offences by the District Court and fined a total of $85,000.

July 2015

Build 2020 Pty Ltd

31 July 2015

On 2 June 2011 a worker was injured when he was struck by a piece of steel during the manufacture of a stressed concrete bridge plank.

After a WorkCover investigation the defendant, Build 2020 Pty Ltd, was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 31 July 2015 the defendant was convicted by the District Court and fined $82,500.

Hunter Valley Labour Hire Pty Ltd was also charged and convicted in relation to this incident.

Hunter Valley Labour Hire Pty Ltd

31 July 2015

On 2 June 2011 a worker was injured when he was struck by a piece of steel during the manufacture of a stressed concrete bridge plank.

After a WorkCover investigation the defendant, Hunter Valley Labour Hire Pty Ltd, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 31 July 2015 the defendant was convicted by the District Court and fined $49,500.

Build 2020 Pty Ltd was also charged and convicted in relation to this incident.

Demolition Environmental Civil Contractors Pty Ltd

17 July 2015

On 19 June 2010 a worker was injured when he was undertaking demolition work on a bridge when the section he was working on fell away, causing him to fall  3-4 metres into the Hunter River.

After a WorkCover investigation the defendant, Demolition Environmental Civil Contractors Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 17 July 2015 the defendant was convicted by the District Court and fined $30,000.

JMW Developments Pty Ltd

8 July 2015

On 26 April 2012 a worker suffered electric shock when he contacted power lines whilst placing reinforcing steel rods into a block wall at a construction site.

After a WorkCover investigation the defendant, JMW Developments Pty Ltd, was charged with a breach of Section 32/19(1) Work Health and Safety Act 2011.

On 8 July 2015 the defendant was convicted by the District Court and fined $75,000.

Ultra Group Pty Ltd was also charged and convicted in relation to this incident.

4 Lift N Pty Ltd

7 July 2015

On 27 August 2012 a self employed driver suffered crush injuries when glass being unloaded from inside a shipping container fell on him.  The defendant continued unloading the container after the incident and failed to notify WorkCover until 10 days after the incident.

After a WorkCover investigation the defendant, 4 Lift N Pty Ltd, was charged with a breaches of Section 32/19(1), Section 38(1) and Section 39(1) of the Work Health and Safety Act 2011.

On 7 July 2015 the defendant was convicted by the District Court and fined a total of $75,000.

June 2015

Ausgrid

26 June 2015

On 5 June 2010 a worker was injured and other workers were at risk when the façade and roof of a building collapsed following trenching work being undertaken in close proximity.

After a WorkCover investigation the defendant, Ausgrid, was charged with a breach of Section 10(1) of the Occupational Health and Safety Act 2000.

On 26 June 2015 the defendant was convicted by the District Court and fined $37,500.

Resco Engineering Services Pty Ltd

11 June 2015

On 11 March 2012 a worker was fatally injured when he was crushed by a steel hopper that fell off the tynes of a forklift.

After a WorkCover investigation the defendant, Resco Engineering Pty Ltd, was charged with a breach of Section 32/19(1) of the Work Health and Safety Act 2011.

On 11 June 2015 the defendant was convicted by the District Court and fined $75,000.

Interlink Carpentry Pty Ltd and Allan El-Bayeh

9 June 2015

On 15 October 2011 a worker was fatally injured when he was crushed whilst demolishing an internal wall at a residential building.

After a WorkCover investigation the defendant, Interlink Carpentry Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000  and the director of Interlink, Allan El-Bayeh, was charged with a breach of Section 8(2) by way of Section 26(1) of the Occupational Health and Safety Act 2000.

On 9 June 2015 the defendants were convicted by the District Court and Interlink Carpentry Pty Ltd was fined $300,000 and Mr El-Bayeh was fined $33,750.

ACN 140 979 193 Pty Ltd was also charged and convicted in relation to this incident.

Darren Henry Grant Finley trading as Pacific Roof Restoration

5 June 2015

On 4, 5 and 13 June 2014 a WorkCover Inspector was subjected to threats and intimidation by the proprietor of a roofing business whilst undertaking a high risk field observation visit.  The defendant also refused to comply with a prohibition order and obstructed the inspector.

After a WorkCover investigation the defendant, Darren Henry Grant Finley, was charged with breaches of Section 188, Section 190 and Section 197 of the Work Health and Safety Act 2011.

On 5 June 2015 the defendant was convicted by the Lismore Local Court and fined a total of $16,000 and sentenced to 9 months imprisonment which was suspended.

May 2015

Structural Concrete Industries (Aust) Pty Ltd

18 May 2015

On 22 March 2011 a worker suffered serious back injuries when a load being slung by a crane knocked over a 2 tonne structure trapping the worker under it.

After a WorkCover investigation the defendant, Structural Concrete Industries (Aust) Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 18 May 2015 the defendant was convicted by the District Court and fined $37,500.

Laurent D Pty Ltd

8 May 2015

On 27 April 2013 a worker was fatally injured when he was crushed by a pallet in an industrial freezer whilst using a forklift to pick stock.

After a WorkCover investigation the defendant, Laurent D Pty Ltd, was charged with a breach of Section 32/Section 19(1) of the Work Health and Safety Act 2011.

On 8 May 2015 the defendant was convicted by the District Court and fined $150,000.

April 2015

Baiada Poultry Pty Ltd

30 April 2015

On 25 March 2011 a worker was injured when he became trapped in an operating spin chiller machine for several hours.

After a WorkCover investigation the defendant, Baiada Poultry Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 30 April 2015 the defendant was convicted by the District Court and fined $37,500.

Ecowize Specialised Hygiene Services was also charged and convicted in relation to this incident.

DHL Express (Australia) Pty Ltd

27 April 2015

On 6 December 2012 a worker was injured when he got his hand caught in the unguarded nip point of two conveyors.

After a WorkCover investigation the defendant, DHL Express (Australia) Pty Ltd, was charged with a breach of Section 32 / Section 19(1) of the Work Health and Safety Act 2011.

On 27 April 2015 the defendant was convicted by the District Court and fined $112,500.

Brandown Pty Ltd

27 April 2015

On 22 August 2011 a worker was injured when his arm was drawn into an unguarded nip point on a conveyor.

After a WorkCover investigation the defendant, Brandown Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.

On 27 April 2015 the defendant was convicted by the District Court and fined $90,000.

OneSteel Coil Coaters Pty Ltd

2 April 2015

On 6 April 2011 a worker sustained crush injury to his right arm resulting in the amputation of his right arm at the bicep, when his arm became caught in the unguarded nip point between two steel rollers of a machine whilst it was in operation.

After a WorkCover investigation the defendant, Onesteel Coil Coasters Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.On 2 April 2015 the defendant was convicted by the District Court and fined $45,000.

March 2015


Sarjame Storage Pty Ltd

25 March 2015

On 19 February 2013 a worker was fatally injured when he was run over by a front end loader within a grain storage bunker.

After a WorkCover investigation the defendant, Sarjame Storage Pty Ltd, was charged with a breach of Section 32 / Section 19(1) of the Work Health and Safety Act 2011.

On 25 March 2015 the defendant was convicted by the District Court and fined $250,000.

Jamie Dixon

20 March 2015

Between May 2011 and January 2014 a worker submitted false payslips whilst in receipt of workers compensation, resulting in an overpayment of $57,010.77.

After a SafeWork NSW investigation the defendant, Jamie Dixon, was charged with dishonestly obtaining a financial advantage by deception, pursuant to section 192E(1)(b) of the Crimes Act 1900.

On 20 March 2015 the defendant was convicted by the Local Court and ordered to serve a term of imprisonment for a period of 15 months, and to pay restitution.

The defendant appealed the severity of his sentence to the  District Court and on 28 September 2015 the Court ordered  that the sentence be suspended under section 12 of the Crimes (Sentencing Procedure) Act 1999 and that the defendant enter into a good behaviour bond for the term of the sentence.  An order for restitution was also made in relation to the remaining sum to be paid of $43,068.67

Patrick Stevedores Holdings Pty Ltd

18 March 2015

On 28 March 2010 a worker was fatally injured when he was crushed by a shipping container being loaded onto the deck of a container ship.

After a WorkCover investigation the defendant, Patrick Stevedores Holdings Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.

On 18 March 2015 the defendant was convicted by the District Court and fined $150,000.

Rex Australia Pty Ltd

18 March 2015

On 21 June 2012 a worker was injured when several panels of glass stored on an A-frame fell on top of him.

After a WorkCover investigation the defendant, Rex Australia Pty Ltd, was charged with a breach of Section 32 / Section 19(1) of the Work Health and Safety Act 2011.

On 18 March 2015 the defendant was convicted by the District Court and fined $112,000.

Novacastrian Demolition Services Pty Ltd

17 March 2015

On 26 June 2013 scaffolding collapsed from a demolition site into a public street and the matter was not reported to WorkCover as required.

After a WorkCover investigation the defendant, Novacastrian Demolition Services Pty Ltd, was charged with a breach of Section 38(1) of the Work Health and Safety Act 2011.

On 17 March 2015 the defendant was convicted by the Local Court and fined $18,000.

Ali Radi Al-Kassam

12 March 2015

On 27 July 2011 a worker was fatally injured when he was crushed by sheets of glass.

After a WorkCover investigation the defendant, Ali Radi Al-Kassam, was charged with a breach of Section 8(1)/Section 26(1) of the Occupational Health and Safety Act 2000.

On 12 March 2015 the defendant was convicted by the District Court and fined $8,500.

Plumbwizard Pty Ltd

ACN 149 646 140

6 March 2015

On 20 June 2012 a 16 year old first year apprentice was injured when he fell through an open penetration at a residential construction site.

After a WorkCover investigation the defendant, Plumbwizard Pty Ltd, was charged with a breach of Section 32 / Section 19(1) of the Work Health and Safety Act 2011.

On 6 March 2015 the defendant was convicted by the District Court and fined $60,000.

Rabie El-Hayek and John Georges were also charged and convicted in relation to this incident.

John Georges

6 March 2015

On 20 June 2012 a 16 year old first year apprentice was injured when he fell through an open penetration at a residential construction site.

After a WorkCover investigation the defendant, John Georges, was charged with a breach of Section 32 / Section 27(1) of the Work Health and Safety Act 2011.

On 6 March 2015 the defendant was convicted by the District Court and fined $8,500.

Rabie El-Hayek and Plumbwizard Pty Ltd were also charged and convicted in relation to this incident.

February 2015

J&S Engineering & Maintenance Pty Ltd 

ACN 055 097 571

11 February 2015

On 5 October 2012 a worker was fatally injured when he was struck by a metal drill rod being loaded onto a semi trailer with a forklift.

After a WorkCover investigation the defendant, J&S Engineering & Maintenance Pty Ltd, was charged with a breach of Section 32 / Section 19(2) of the Work Health and Safety Act 2011.

On 11 February 2015 the defendant was convicted by the District Court and fined $75,000.

Antoun’s Construction Pty Ltd 

ACN 104 920 283

11 February 2015

On 6 February 2012 a worker was fatally injured when he was struck by an excavator bucket which became detached from the arm of an excavator because the safety pin required by the excavator’s semi-automatic quick hitch had not been inserted.

After a WorkCover investigation the defendant, Antoun’s Construction Pty Ltd, was charged with a breach of Section 32 / Section 19(1) of the Work Health and Safety Act 2011.

On 11 February 2015 the defendant was convicted by the District Court and fined $85,000.

Dominic James Roberts

5 February 2015

On 20 May 2012 a worker was fatally injured when he fell 11 metres from an elevated work platform while working inside a bulk transport ship berthed at a New South Wales port.  

After a WorkCover investigation the defendant, Dominic James Roberts, was charged with a breach of Section 32 / Section 27(1) of the Work Health and Safety Act 2011.

On 5 February 2015 the defendant was convicted by the District Court and fined $90,000.

January 2015

ACN 140 979 193 Pty Ltd

30 January 2015

On 15 October 2011 a worker was fatally injured when he was crushed whilst demolishing an internal wall at a residential building.

After a WorkCover investigation the defendant, ACN 140 979 193 Pty Ltd, was charged with a breach of Section 8(1) and 8(2) of the Occupational Health and Safety Act 2000.

On 30 January 2015 the defendant was convicted by the District Court and fined $250,000 in total.

Interlink Carpentry Pty Ltd and Allan El-Bayeh were also charged and convicted in relation to this incident.

2014 prosecution summaries

December 2014

Papalii Rockafella David Scott (aka David Foster Speechley)

19 December 2014

Between 5 April 2012 and 29 November 2012 the defendant carried out rigging work without the proper authorisation.

After a WorkCover investigation the defendant, Papalii Rockafella David Scott (aka David Foster Speechley), was charged with 12 breaches of Section 43(1) of the Work Health and Safety Act 2011.

On 19 December 2014 the defendant was convicted by the Local Court and fined a total of $7,500.

Construere Projects Pty Ltd

15 December 2014

On 4 October 2012 a worker was fatally injured when he sustained an electric shock while installing air conditioning.

After a WorkCover investigation the defendant, Construere Projects Pty Ltd, was charged with a breach of Section 32 / Section 19(1) of the Work Health and Safety Act 2011.

On 15 December 2014 the defendant was convicted by the District Court and fined $37,500.

Holmes Nominees (Aust) Pty Ltd

15 December 2014

On 6 October 2011 a worker was injured when he was crushed by a falling concrete pit being lifted by a forklift.

After a WorkCover investigation the defendant, Holmes Nominees (Aust) Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 15 December 2014 the defendant was convicted by the District Court and fined $90,000.

Customised Gas Australia Group Pty Ltd and Rodney James Flynn (Director)

4 December 2014

On 6 November 2012 a worker suffered severe burns when a large fireball erupted from an LPG tank being purged of nitrogen.

After a WorkCover investigation the corporate defendant, Customised Gas Australia Group Pty Ltd, was charged with a breach of Section 32/Section 19(1) of the of the Work Health and Safety Act 2011 and the director defendant, Rodney James Flynn, was charged with a breach of Section 32/Section 27(1) of the Work Health and Safety Act 2011.

On 4 December 2014 the corporate defendant was convicted by the District Court and fined $150,000.  The director defendant was convicted by the District Court and fined $7,500.

Vipeka Pty Ltd

4 December 2014

On 21 July 2011 two workers suffered serious burns after one of the workers attempted to clean a petrol spill using a scrubber dryer unit which ignited petrol vapours causing an explosion and fire in a mechanic workshop.

After a WorkCover investigation the defendant, Vipeka Pty Ltd, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 4 December 2014 the defendant was convicted by the District Court and fined $112,500.

Roadmaster Canberra Pty Ltd

2 December 2014

On 13 April 2010 a worker engaged by the defendant under a labour hire agreement was injured when his left hand fingers were amputated by a cement auger whilst working at a site controlled by the defendant.

After a WorkCover investigation the defendant, Thiess Services Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 17 November 2014 the defendant was convicted by the District Court and fined $150,000.

Jade Dennis Berrell was also charged and convicted in relation to this incident in his capacity as director of the labour hire company which employed the worker.

November 2014

Sony DADC Australia Pty Ltd

27 November 2014

On 18 March 2011 a worker suffered chemical burns whilst installing pipe work in a waste water pit at the defendant’s premises.

After a WorkCover investigation the defendant, Sony DADC Australia Pty Ltd, was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 27 November 2014 the defendant was convicted by the District Court and fined $30,000.

Damon Spackman was also charged and convicted in relation to this incident.

Samways Building & Construction Pty Ltd

27 November 2014

On 5 December 2012 multiple youths, under the influence of alcohol, gained access to a shopping centre car park and operated a forklift which had the keys left in it.  One of the youths stood on the forklift tynes and was raised to the car park roof and suffered serious crush injuries to his head when his head became trapped between the apron guard and the tynes of the forklift.

After a WorkCover investigation the defendant, Samways Building & Construction Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 27 November 2014 the defendant was convicted by the District Court and fined $15,000.

McAlpine Hussman Pty Ltd was also charged and convicted in relation to this incident.

Perfab Pty Ltd

19 November 2014

On 17 January 2008 two workers were killed and another seriously injured when a winery vat containing 9000 litres of ethanol exploded whilst welding work was being carried out.

After a WorkCover investigation the defendant, Perfab Pty Ltd, was charged with a breach of Section 8(2) and Section 8(1) of the Occupational Health and Safety Act 2000.

On 19 November 2014 the defendant was convicted by the District Court and fined a total of $90,000.

W Drayton and Sons Pty Limited was also charged and convicted in relation to this incident.

Jade Dennis Berrell

17 November 2014

On 13 April 2010 a worker employed by the defendant’s labour hire company was injured when his left hand fingers were amputated by a cement auger whilst working at a site controlled by host employer Thiess Services Pty Ltd.

After a WorkCover investigation the defendant, Jade Dennis Berrell, was charged with a breach of Section 8(1) / 26(1) of the Occupational Health and Safety Act 2000 in his capacity as director of the labour hire company.

On 17 November 2014 the defendant was convicted by the District Court and fined $1,000.

Thiess Services Pty Ltd was also charged and convicted in relation to this incident.

Thiess Services Pty Ltd

17 November 2014

On 13 April 2010 a worker was injured when his left hand fingers were amputated by a cement auger.

After a WorkCover investigation the defendant, Thiess Services Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 17 November 2014 the defendant was convicted by the District Court and fined $150,000.

Jade Dennis Berrell was also charged and convicted in relation to this incident.

White’s Plumbing NSW Pty Ltd and Robert James White (Worker)

17 November 2014

On 22 March 2012 a first year apprentice plumber was fatally injured when he was struck by the bucket of an excavator which fell because the safety pin required to be placed into the excavator’s semi-automatic quick hitch was not affixed.

After a SafeWork investigation the defendant, White’s Plumbing NSW Pty Ltd, was charged with a breach of Section 32 / Section 19(1) of the Work Health and Safety Act 2011 and the excavator operator, Robert James White, was charged with a breach of Section 32 / Section 28 of the Work Health and Safety Act 2011.

On 17 November 2014 the defendant company was convicted by the District Court and fined $250,000.  The defendant worker was also convicted and fined $5,000.

Charlton Excavation & Demolition Pty Ltd

13 November 2014

On 10 July 2012 a member of the public was fatally injured when he was struck by a truck at the rear of a shopping centre.

After a WorkCover investigation the defendant, Charlton Excavation & Demolition Pty Ltd, was charged with a breach of Section 32 / Section 19(2) of the Work Health and Safety Act 2011.

On 13 November 2014 the defendant was convicted by the District Court and fined $90,000.

St Hilliers Construction Pty Ltd

13 November 2014

On 10 July 2012 a member of the public was fatally injured when he was struck by a truck at the rear of a shopping centre.

After a SafeWork NSW investigation the defendant, St Hilliers Construction Pty Ltd, was charged with a breach of Section 32 / Section 19(2) of the Work Health and Safety Act 2011.

On 13 November 2014 the defendant was convicted by the District Court and fined $337,500.

Charlton Excavation & Demolition was also charged and convicted in relation to this incident.

Dovinat Pty Ltd

12 November 2014

On 22 June 2010 a worker was fatally injured when he was struck by a bulk roll of paper weighing 300kg.

After a WorkCover investigation the defendant, Dovinat Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.

On 12 November 2014 the defendant was convicted by the District Court and fined $75,000.

Buildcorp Group Pty Ltd

11 November 2014

On 28 September 2010 a worker was injured when he was struck in the head by a falling scaffold plank.

After a WorkCover investigation the defendant, Buildcorp Group Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000

On 11 November 2014 the defendant was convicted by the District Court and fined $75,000.

Ultra Group Pty Ltd

10 November 2014

On 26 April 2012 a worker suffered electric shock when he contacted power lines whilst placing reinforcing steel rods into a block wall at a construction site.

After a WorkCover investigation the defendant, Ultra Group Pty Ltd, was charged with a breach of Section 32 / Section 26(2) of the Work Health and Safety Act 2011.

On 10 November 2014 the defendant was convicted by the District Court and fined $500,000.

JMW Developments Pty Ltd was also charged and convicted in relation to this incident.

Bill Zisoglou

6 November 2014

On 11 December 2010 a worker was seriously injured when he suffered an electric shock while installing data cables at residential premises.

After a WorkCover investigation the defendant, Bill Zisoglou, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 6 November 2014 the defendant was convicted by the District Court and fined $27,225.

Andrew Tressider Sneddon

4 November 2014

On 20 June 2013 a worker was injured when he became entangled in the rotating shaft of a conveyor belt.

After a WorkCover investigation the defendant, Andrew Tressider Sneddon, was charged with a breach of Section 32/ Section 19(1) of the Work Health and Safety Act 2011.

On 4 November 2014 the defendant was convicted by the District Court and fined $40,000.

JVC Holdings Pty Ltd

4 November 2014

On 1 July 2011 a worker was injured when he fell from a height of 2.65 metres from the top of a skip bin whilst securing the cover of the skip.

After a WorkCover investigation the defendant, JVC Holdings Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.On 4 November 2014 the defendant was convicted by the District Court and fined $40,000.

October 2014


Mohammed Alameddine

30 October 2014

On 24 January 2011 a worker was fatally injured when he fell 11 metres from an elevated work platform that toppled over.

After a WorkCover investigation the defendant, Mohammed Alameddine, was charged with a breach of Section 20(1) of the Occupational Health and Safety Act 2000.

On 30 October 2014 the defendant was convicted by the District Court and fined $3,000.

Clean Solutions Pty Ltd

24 October 2014

On 22 November 2010 a worker was injured when her right arm was caught and trapped by a rotating wool teaser.

After a WorkCover investigation the defendant, Clean Solutions Pty Ltd, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 24 October 2014 the defendant was convicted by the District Court and fined $75,000.Hirino Pty Ltd was also charged and convicted in relation to this incident.

Transtank Pty Ltd

24 October 2014

On 1 July 2011 two workers were injured when an explosion occurred within the spray painting booth in which they were working.

After a WorkCover investigation the defendant, Transtank Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.

On 24 October 2014 the defendant was convicted by the District Court and fined $80,000.

Hirino Pty Ltd

24 October 2014

On 22 November 2010 a worker was injured when her right arm was caught and trapped by a rotating wool teaser.

After a SafeWork NSW investigation the defendant, Hirino Pty Ltd, was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 24 October 2014 the defendant was convicted by the District Court and fined $150,000.

Clean Solutions Pty Ltd was also charged and convicted in relation to this incident.

OCS Fun Pty Ltd

23 October 2014

On 6 November 2012 an 8 year old girl was injured when she fell from an amusement device.

After a WorkCover investigation the defendant, OCS Fun Pty Ltd, was charged with a breach of Section 32 / Section 19(1) of the Work Health and Safety Act 2011.

On 23 October 2014 the defendant was convicted by the District Court and fined $60,000.

Sphere Healthcare Pty Ltd

21 October 2014

On 31 August 2011 a worker employed by a subcontractor to the defendant was injured when he fell 8 metres through a plasterboard ceiling to the concrete floor below whilst working inside the ceiling void.

After a WorkCover investigation the defendant, Sphere Healthcare Pty Ltd, was charged with a breach of Section 10(1) of the Occupational Health and Safety Act 2000.

On 21 October 2014 the defendant was convicted by the District Court and fined $60,000.

Total Air Pollution Control Pty Ltd was also charged and convicted in relation to this incident.

Total Air Pollution Control Pty Ltd

21 October 2014

On 31 August 2011 a worker employed by a subcontractor to the defendant was injured when he fell 8 metres through a plasterboard ceiling to the concrete floor below whilst working inside the ceiling void.

After a WorkCover investigation the defendant, Total Air Pollution Control Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 21 October 2014 the defendant was convicted by the District Court and fined $82,500.

Sphere Healthcare Pty Ltd was also charged and convicted in relation to this incident.

One Steel Recycling Pty Ltd

15 October 2014

On 28 June 2011 a truck driver was injured when he was struck in the face by the tailgate locking lever of a hook lift bin.

After a WorkCover investigation the defendant, Onesteel Recycling Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 15 October 2014 the defendant was convicted by the District Court and fined $150,000.

Merhis Constructions Pty Ltd

13 October 2014

On 21 February 2011 a worker employed by one of the defendant’s subcontractors was injured when he fell from a ladder at a residential construction site and was impaled on the metal tube of a scaffold pallet.

After a WorkCover investigation the defendant, Merhis Constructions Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 13 October 2014 the defendant was convicted by the District Court and fined $75,000.

Everwilling Cranes Pty Ltd

7 October 2014

On 29 October 2010 a worker was injured when he was struck by a falling cable that snapped whilst concrete panels were being erected with a mobile crane.

After a WorkCover investigation the defendant, Everwilling Cranes Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 7 October 2014 the defendant was convicted by the District Court and fined $90,000.

Gordon & Gotch Australia Pty Ltd

7 October 2014

On 29 October 2010 a worker was fatally injured when he was struck by a reversing vehicle in a loading area.

After a WorkCover investigation the defendant, Gordon & Gotch Australia Pty Ltd, was charged with a breach of Section 8(2) of the Occupational Health and Safety Act 2000.

On 7 October 2014 the defendant was convicted by the District Court and fined $112,500.

Buslines Group Pty Ltd

3 October 2014

On 9 June 2011 an apprentice worker was injured when the air shocks on the bus she was working on released, lowering the bus and causing crush injuries to her chest.

After a WorkCover investigation the defendant, Buslines Group Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.

On 3 October 2014 the defendant was convicted by the District Court and fined $37,500.

September 2014

Bakers Maison Australia Pty Ltd

25 September 2014

On 25 June 2010 a worker was injured when his left arm became entangled in the mixing fork of a dough mixing machine.

After a WorkCover investigation the defendant, Bakers Maison Australia Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.

On 25 September 2014 the defendant was convicted by the District Court and fined $80,000.

Karimbla Construction services Pty Limited

16 September 2014

On 12 May 2012, a 48 year old bricklayer sustained serious injury when he fell from an elevated work platform during the course of his employment.

After a WorkCover investigation, the defendant, Karimbla Construction Services Pty Limited, was charged with a breach of section 32 / 19(1) of the Work Health and Safety Act 2011.

On 16 September the defendant was convicted by the District Court and fined $75,000.

Gemfen (Aust) Pty Limited

16 September 2014

On 12 May 2012, a 48 year old bricklayer sustained serious injury when he fell from an elevated platform during the course of his employment.

After a WorkCover investigation the defendant, Gemfen (Aust) Pty Limited, was charged with a breach of section 32 / 19(1) of the Work Health and Safety Act 2011.

On 16 September 2014 the defendant was convicted by the District Court and fined $75,000.

W Drayton and Sons Pty Limited

15 September 2014

On 17 January 2008 two workers were killed and another seriously injured when a winery vat containing 9000 litres of ethanol exploded whilst welding work was being carried out.

After a WorkCover investigation the defendant, W Drayton and Sons Pty Limited, was charged with a breach of section 8(1) and 8(2) of the Occupational Health and Safety Act 2000.

On 15 September 2014 the defendant was convicted by the District Court and fined $210,000.

Perfab Pty Ltd was also charged and convicted in relation to this incident.

Australian Native Landscapes Pty Ltd

11 September 2014

On 18 March 2011 a worker was injured when he fell five metres through an open penetration on a roof.

After a WorkCover investigation the defendant, Australian Native Landscapes Pty Ltd, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 11 September 2014 the defendant was convicted by the District Court and fined $33,382.

Nils Clifford Ryder was also charged and convicted in relation to this incident.

Ecowize Specialised Hygiene Services Pty Ltd

9 September 2014

On 25 March 2011 a worker was injured when his arm became caught in the moving paddles of a spin chiller machine.

After a WorkCover investigation the defendant, Ecowize Specialised Hygiene Services Pty Ltd, was charged with a breach of section 8(2) in the alternative section 10(2) of the Occupational Health and Safety Act 2000.

On 9 September 2014 the defendant was convicted by the District Court and fined $87,500.

Ecowize City Pty Ltd was also charged and convicted in relation to this incident.

Ecowize City Pty Ltd

9 September 2014

On 25 March 2011 a worker was injured when his arm became caught in the moving paddles of a spin chiller machine.
 
After a WorkCover investigation the defendant, Ecowize City Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.
 
On 9 September 2014 the defendant was convicted by the District Court.
 
Ecowize Specialised Hygiene Services Pty Ltd was also charged and convicted in relation to this incident.

August 2014

Allworth Constructions Pty Ltd

27 August 2014

On 2 September 2011 a worker was injured when he fell approximately three metres from a work deck without fall protection.

After a WorkCover investigation the defendant, Allworth Constructions Pty Ltd, was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 27 August 2014 the defendant was convicted by the District Court and fined $72,375.

Teswor Pty Ltd were also charged and convicted in relation to this incident.

Freedom Home Improvement Pty Ltd

27 August 2014

On 9 July 2012 a worker suffered a serious brain injury when he fell from a ladder from an unknown height.

After a WorkCover investigation the defendant, Freedom Home Improvement Pty Ltd, was charged with a breach of Section 39(1) and 38(1) of the Work Health and Safety Act 2011.

On 27 August 2014 the defendant was convicted by the Local Court and fined a total of $1,400.

Fletcher International Exports Pty Ltd

26 August 2014

On 30 June 2011 a worker was injured when his hand was caught in an unguarded nip point on a conveyor belt.

After a WorkCover investigation the defendant, Fletcher International Exports Pty Ltd, was charged with a breach of Section 8(1) of the Occupational Health and Safety Act 2000.On 26 August 2014 the defendant was convicted by the District Court and fined $75,000

Fletcher International Exports Pty Ltd

26 August 2014

On 21 June 2012 a trainee worker was injured when his right hand was caught in a nip point between the belt and roller pulley of a conveyor belt.

After a WorkCover investigation the defendant, Fletcher International Exports Pty Ltd, was charged with a breach of Section 32 / Section19(1) of the Work Health and Safety Act 2011.

On 26 August 2014 the defendant was convicted by the District Court and fined $150,000.

Lend Lease Engineering Pty Limited (formerly Abigroup Contractors Pty Ltd

22 August 2014

On 24 March 2009 a worker was struck by a load falling off a crane and suffered fatal injuries. Several workers were also injured.

After a WorkCover investigation the defendant, Lend Lease Engineering Pty Limited (formerly Abigroup Contractors Pty Ltd), was charged with a breach of section 8(1) and section 8(2) of the Occupational Health and Safety Act 2000.

On 22 August 2014 the defendant was convicted by the Industrial Court of NSW and fined $200,000 in relation to the section 8(2) offence. You can read the judgment.

Boom Logistics Ltd, Hebron Holdings Pty Ltd and MVM Rail Pty Ltd were also charged and convicted in relation to this fatal workplace incident.

Richmond Valley Council

20 August 2014

On 29 June 2011, a 34 year old labourer sustained serious injury when a concrete panel fell and struck him whilst he was working on a construction site.

After a WorkCover investigation the defendant Richmond Valley Council was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 20 August 2014 the defendant was convicted by the District Court and fined $112,500.

Bay Trusses and Frames PTY Ltd trading as Bay Timber

7 August 2014

On 11 October 2011 a truck driver was fatally injured when he fell from the top of a semi-trailer whilst unloading frames and trusses.

After a WorkCover investigation the defendant, Bay Trusses and Frames Pty Ltd, was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 7 August 2014 the defendant was convicted by the District Court and fined $5,000.

McAlpine Hussman Pty Ltd

1 August 2014

On 5 December 2012, multiple youths under the influence of alcohol, gained access to a shopping centre car park and operated a forklift which had the keys left in it. One of the youths stood on the forklift tynes and was raised to the car park roof and suffered serious crush injuries to his head when his head became trapped between the apron guard and the tynes of the forklift.

After a WorkCover investigation the defendant, McAlpine Hussman Pty Ltd, was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 1 August 2014 the defendant was convicted by the District Court and fined $15,000.

Samways Building & Construction Pty Ltd was also charged and convicted in relation to this incident.

Hontoys Autos Pty Ltd trading as King Auto Wreckers

1 August 2014

On 13 June 2011 a worker was injured when he fell from a height of 3 metres whilst removing an engine from a rack shelving system.

After a WorkCover investigation the defendant, Hontoys Autos Pty Ltd, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 1 August 2014 the defendant was convicted by the District Court and fined $20,000.

July 2014

National Poly Industries Pty Ltd

29 July 2014

On 30 November 2011 a worker was injured when his arm was drawn into a nip point between the roller and cam ring of a rotational moulding machine.

After a WorkCover investigation the defendant, National Poly Industries Pty Ltd, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 29 July 2014 the defendant was convicted by the District Court and fined $75,000.

Rabie El-Hayek

29 July 2014

On 20 June 2012 a 16 year old first year apprentice was injured when he fell approximately three metres through an open or inadequately covered penetration at a residential construction site.

After a WorkCover investigation the defendant, Rabie El-Hayek (the owner-builder at the construction site), was charged with a breach of section 32/section 19(1) of the Work Health and Safety Act 2011.

On 29 July 2014 the defendant was convicted by the District Court and fined $15,000.

John Georges and Plumbwizard Pty Ltd were also charged and convicted in relation to this incident.

Ausgrid (formerly Energy Australia)

28 July 2014

On 29 October 2010 a worker suffered traumatic amputation of his left leg when it was drawn into the pinch point between the unguarded winching spool and supporting ‘A’ frame on a winch platform.

After a WorkCover investigation the defendant, Ausgrid (formerly known as EnergyAustralia), was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 28 July 2014 the defendant was convicted by the District Court and fined $100,000.

Surinder and Venu Mala Singh Pty Limited (trading as 'La-Juice') and Surinder Singh (Director)

25 July 2014

On 25 August 2011 a 24 year old worker attempted to clear a blockage from a juicing machine being operated by her. Interlocked guarding on the machine designed to prevent access to its dangerous internal moving parts had been disabled. The machine started up and the worker sustained amputation injury to her fingers.

After a WorkCover investigation, the worker’s employer, Surinder & Venu Mala Singh Pty Limited (trading as ‘La-Juice’) was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000. One of the company’s directors, Surinder Singh, was charged with the same offence by virtue of section 26(1) of the Act.

On 25 July 2014 the defendant company was convicted by the District Court and fined $75,000. The defendant director was also convicted and fined $6,750.

Richard Bruce Mainey

23 July 2014

On 21 June 2010 an employee of the defendant was operating an unguarded power press. As he attempted to re-position material on the die, the employee inadvertently simultaneously depressed a foot pedal causing the ram to descend. The employee sustained significant injury, including amputation.

After a WorkCover investigation, the defendant, Richard Bruce Mainey, was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 23 July 2014 the defendant was convicted by the District Court and fined $30,000.

Technical and Further Education Commission (also known as TAFE Commission)

14 July 2014

On 24 March 2009, an 18 year old student in a jillaroo/jackaroo training course run by TAFE sustained fatal injuries when she fell or was thrown from a horse during riding lessons as part of the course. The horse was a former racehorse and unsuitable for use by beginner riders.

After a WorkCover investigation the defendant, TAFE Commission, was charged with a breach of Section 8 (2) of the Occupational Health and Safety Act 2000.

On 14 July 2014 the defendant was convicted by the District Court and fined $300,000.

Zoneridge Pty Ltd

7 July 2014

On 27 July 2010 a worker was injured when a partially constructed steel structure collapsed.

After a WorkCover investigation the defendant, Zoneridge Pty Ltd, was charged with breaches of section 8(1) and 8(2) of the Occupational Health and Safety Act 2000.

On 7 July 2014 the defendant was convicted by the District Court and fined $100,000.

June 2014

Jane Maree Webber

17 June 2014

On 2 February and 14 February 2012 a worker made false and misleading statements concerning her claim for worker's compensation and received $14,504 to which she was not entitled.

After a WorkCover investigation the defendant, Jane Maree Webber, was charged with two breaches of section 235C(1)(c) of the Workplace Injury Management and Workers Compensation Act 1998.

On 17 June 2014 the defendant was convicted by the Chief Industrial Magistrate's Court and a good behaviour bond imposed for two years. Restitution of $14,504 was made prior to the judgment.

Hospitality Training Network Limited

10 June 2014

On 22 September 2010 a young apprentice sustained burn injuries when he slipped while carrying uncovered buckets of hot stock up fire stairs to a cool room located a level above the kitchen.

After a WorkCover investigation, the defendant Hospitality Training Network Limited was charged with a breach of Section 8(1) of the Occupational Health & Safety Act 2000.

On 10 June 2014 the defendant was convicted by the District Court and fined $100,000.

May 2014

Nil

April 2014

No successful prosecutions were conducted this month.

March 2014

State of NSW (Dept of Attorney General and Justice, Corrective Services NSW)

21 March 2014

On 28 May 2011 a truck driver was fatally injured when he was crushed between his truck and an unmanned forklift.

After a WorkCover investigation the defendant Corrective Services NSW was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 21 March 2014 the defendant was convicted by the District Court and fined $120,000.

February 2014

Orica Australia Pty Ltd

4 February 2014

On 9 November 2011,  285kg of ammonia was released from Orica’s Kooragang Island plant. Workers at a nearby facility were affected and WorkCover’s investigation disclosed that a series of warning alarms had been disabled.

After the WorkCover investigation the defendant Orica Australia Pty Ltd was charged with two breaches of clause 136A(1)(c) of the Occupational Health and Safety Regulation 2001.

On 4 February 2014 Orica was convicted by the Local Court and fined $10,000.

January 2014

No successful prosecutions were conducted this month.

2013 prosecution summaries

December 2013

Nil

November 2013

No successful prosecutions were conducted this month.

October 2013

P&M Quality Smallgoods Pty Ltd

11 October 2013

On 6 February 2010 a worker sustained superficial burns when he cut through a butane gas line, causing a fire, whilst cutting part of a floor.

After a WorkCover investigation the defendant P&M Quality Smallgoods Pty Ltd was charged with a breach of section 10(1) of the Occupational Health and Safety Act 2000.

On 11 October 2013 the defendant was convicted by the Court and fined $110,000. You can read the judgment.

J I T Offset Pty Ltd

10 October 2013

On 20 October 2009 a worker sustained amputation of his right little finger and crush injuries to two other fingers when his hand was caught in the unguarded nip point of a large printing press.

After a WorkCover investigation the defendant J I T Offset Pty Ltd was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 10 October 2013 the defendant was convicted by the Court and fined $90,000. You can read the judgment.

Zac’s Packs Pty Ltd,  Harold Ernest Schwarz  and Harry Schwarz Consulting Pty Ltd were also charged and convicted in relation to this workplace incident.

Zac's Packs Pty Ltd

10 October 2013

On 20 October 2009 a worker sustained amputation of his right little finger and crush injuries to two other fingers when his hand was caught in the unguarded nip point of a large printing press.

After a WorkCover investigation the defendant Zac’s Packs Pty Ltd was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 10 October 2013 the defendant was convicted by the Court and fined $115,000. You can read the judgment.

J I T Offset Pty Ltd,  Harold Ernest Schwarz and Harry Schwarz Consulting Pty Ltd were also charged and convicted in relation to this workplace incident.

September 2013

Big River Timber (Veneer) Pty Ltd

24 September 2013

On 13 February 2007, a worker sustained crush injuries to his right foot resulting in partial amputation when his foot was caught in an unguarded chain and sprocket drive of a conveyor unit.

After a WorkCover investigation the defendant Big River Timbers (Veneer) Pty Ltd was charged with a breach of section 8(1) of the Occupational Health and Safety Act 2000.

On 24 September 2013 the defendant was convicted by the Court and fined $120,000. You can read the judgment.

June 2013

Seovic Engineering Pty Limited

2 June 2013

On 26 September 2008 a worker suffered fatal head injuries consistent with him being struck by a chain or similar object when he was working underneath a coal shuttle car.

After a WorkCover investigation the defendant Seovic Engineering Pty Limited was charged with a breach of section 8(1) of the OHS Act 2000.

On 3 June 2013 the defendant was convicted by the Court and fined $100,000. You can read the judgment.

John Jason Seovic and Paul Garry Miskell were also charged and convicted in relation to this fatal workplace incident.

May 2013

Nil

March 2013

University of NSW 

21 March 2013 

On 31 July 2009, a student of the University of New South Wales suffered severe injuries to her leg when she fell from a boat during a field trip in the vicinity of Darling Harbour.

After a WorkCover investigation the defendant, the University of New South Wales, was charged with a breach of section 8(2) of the Occupational Health and Safety Act 2000.

On 21 March 2013 the defendant was convicted by the Industrial Court and fined $100,000 for the section 8(2) offence. You can read the read the judgment.

February 2013

Nil

January 2013

Nil

2012 prosecution summaries

December 2012

Nil

November 2012

State of NSW (NSW police Force)

30 November 2012

On 11 November 2006,  a patrol officer was fatally struck by a motor vehicle and another officer was placed at risk while conducting pre-planned speed enforcement activity.

After a WorkCover investigation the defendant the State of New South Wales (NSW Police Force) was charged with a breach of section 8(1) of the OHS Act 2000.

On 30 November 2012 the defendant was convicted by the Court and fined $300,000. You can read the judgment.

October 2012

Cardboard & Paper Supply Co Pty Ltd

18 October 2012 

On 22 October 2010, a labourer was fatally crushed between two metal pressing plates whilst inspecting a fault on a creasing and cutting machine.

After a WorkCover investigation the defendant Cardboard & Paper Supply Co Pty Ltd  was charged with a breach of section 8(2) of the OHS Act 2000. 

On 18 October 2012 the defendant was convicted by the Court and fined $150,000.

Sonia Camilleri and Graffica Pty Ltd were also charged and convicted in relation to this fatal workplace incident.

Austar Constructions Pty Ltd

17 October 2012

On 28 August 2009, a worker suffered severe head injuries after falling 3.7 metres through an open, unsecured penetration to a concrete basement below.

After a WorkCover investigation the defendant Austar Constructions Pty Ltd was charged with a breach of section 10(1) of the OHS Act 2000.

On 17 October 2012 the defendant was convicted by the Court and fined $50,000. You can read the judgment.

Aleksic Carpentry Pty Ltd, Milivoje Aleksic, Yu Peng Shang and Jackson Cai were also charged and convicted in relation to this workplace incident.

Edmen Recruitment Pty Ltd

3 October 2012

On 11 June 2009,  a worker was seriously injured when he fell into and was caught in the hydraulic operation of a baling machine that was being installed.

After a WorkCover investigation the defendant Edmen Recruitment Pty Ltd was charged with a breach of section 8(1) of the OHS Act 2000. 

On 3 October 2012 the defendant was convicted by the Court and fined $117,500 for the section 8(1) offence. You can read the judgment

SITA Australia Pty Ltd was also charged and convicted in relation to this workplace incident.

SITA Australia Pty Ltd

3 October 2012

On 11 June 2009,  a worker was seriously injured when he fell into and was caught in the hydraulic operation of a baling machine that was being installed. 

After a WorkCover investigation the defendant SITA Australia Pty Ltd was charged with a breach of section 8(2) of the OHS Act 2000.  

On 3 October 2012 the defendant was convicted by the Court and fined $130,000 for the section 8(2) offence. You can read the judgment.  

Edmen Recruitment Pty Ltd was also charged and convicted in relation to this workplace incident.

September 2012

Nil

August 2012

Nil

July 2012

Nil

June 2012

Nil

May 2012

Roads and Maritime Service of NSW

25 May 2012

On 3 February 2006, a traffic controller sustained fatal injuries when an emulsion spray truck reversed into him at a road resurfacing work site.

After a WorkCover investigation the defendant the Roads and Maritime Services of NSW (formerly known as the Roads and Traffic Authority of NSW) was charged with a breach of the OHS Act 2000 section 8(2).

On 25 May 2012 the defendant was convicted by the Court and fined $150,000. You can read the judgment.

Nace Civil Engineering Pty Limited, Borthwick & Pengilly Asphalts Pty Ltd and Eagle Eye Traffic Services Aust Pty Ltd were also charged and convicted in relation to this fatal workplace incident.

April 2012

Nil

March 2012

Nil

February 2012

Ali Mohamed Eli Ibrahm

10 February 2012

On 10 February 2012, a tree lopper sustained serious injuries after being struck by a chainsaw and falling out of a tree. The incident was not reported until the injured person contacted WorkCover several months later. 

After a WorkCover investigation the defendant Ali Mohamed Eli Ibrahim was charged with two breaches of the Work Health and Safety Act 2011, section 38 (failing to notify a serious incident) and section 39 (not preserving the site of a serious incident).

On 9 October 2013, the defendant pleaded guilty to both charges and was convicted by the Local Court and fined a total of $2000 and was ordered to pay the costs of the prosecution.

January 2012

Nil