2014 prosecution summaries

December 2014

Nil

November 2014

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.

September 2014

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.

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.

August 2014

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.

July 2014

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.

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.

October 2014
Nil
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