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.

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.

June 2015

Nil

May 2015

Nil

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.

March 2015

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.

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.

February 2015

Nil

January 2015

Nil

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.

July 2015

Nil

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