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.

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.

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

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.

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