2017 prosecution summaries

December 2017

Erect Safe Scaffolding (NSW) Pty Ltd

15 December 2017

On 8 August 2015 a labourer was injured when he was struck by scaffold components which toppled from a forklift being driven by an unlicensed driver.

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

On 15 December 2017 the defendant was convicted by the District Court and fined $90,000.

City Projects Pty Ltd

15 December 2017

On 17 March 2016 a truck driver suffered a fractured leg when he was struck by glass panels that were not adequately restrained on a forklift operated by an unlicensed forklift driver.

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

On 15 December 2017 the defendant was convicted by the District Court and fined $150,000.

Morris McMahon & Co Pty Ltd

11 December 2017

On 21 April 2015 a worker was injured when her hand was caught in a power clenching press.

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

On 11 December 2017 the defendant was convicted by the District Court and fined $180,000.

November 2017

CTN Construction Pty Ltd

29 November 2017

On 15 September 2015 a worker was seriously injured at a construction site when he fell approximately 3-4 metres through an unguarded stairwell void.

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

On 29 November 2017 the defendant was convicted by the District Court and fined $75,000.

Auschem (NSW) Pty Ltd

27 November 2017

On 3 February 2015 two workers were seriously injured as a result of an explosion and a fire caused by electrostatic ignition during the decanting of paint thinners.

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

On 27 November 2017 the defendant was convicted by the District Court and fined $60,000.

Travis Brown

24 November 2017

On 11 February 2015 a worker suffered serious injuries when he fell approximately 3.8 metres while installing roof sheeting on a roof of a workshop.

After a SafeWork NSW investigation the defendant, Travis Brown, was charged with breaches of section 32/19(1) and section 32/38 of the Work Health and Safety Act 2011.

On 24 November 2017 the defendant was convicted by the District Court and fined $60,000 in relation to the section 19(1) offence and $1,500 in respect of the section 38 offence.

Billyard Homes Pty Ltd

24 November 2017

On 29 June 2015 a worker suffered serious injury after falling approximately 2.5 metres through an unguarded void on the first floor of a house under construction.

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

On 24 November 2017 the defendant was convicted by the District Court and fined $60,000.

CRS (NSW) Pty Ltd and Mr Jay McGeachie Jenkins

3 November 2017

On 1 July 2015 a 47 year old visitor to a residential property suffered serious burns when an explosion and fireball occurred as a result of bitumen laying works conducted by CRS (NSW) Pty Ltd.

After a SafeWork NSW investigation the defendants, CRS (NSW) Pty Ltd and its director Mr Jay McGeachie Jenkins, were charged with a breach of sections 32/19(2) and 32/27(1) respectively of the Work Health and Safety Act 2011.

On 3 November 2017 the defendants were convicted by the District Court. The corporate defendant was fined $160,000 and Mr Jenkins was fined $40,000.

Harris Holdings Pty Ltd and Harry Zizikas

2 November 2017

On 26 November 2015 a worker was fatally injured when he came into contact with the tracks of an excavator at a waste sorting facility.

After a SafeWork NSW investigation the defendants, Harris Holdings Pty Ltd and its director Harry Zizikas, were charged with a breach of sections 32/19(1) and 32/27(1) respectively of the Work Health and Safety Act 2011.

On 2 November 2017, the defendants were convicted by the District Court. The corporate defendant was fined $300,000 and Mr Zizikas was fined $60,000.

October 2017

Nil

September 2017

Hydro Clean (Griffith) Pty Ltd

22 September 2017

On 21 January 2015 a 25 year old apprentice welder suffered significant injury when he fell approximately 5 metres onto a crane deck while decommissioning a section of plant.

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

On 22 September 2017 the defendant was convicted by the District Court and fined $120,000.

Mr Zheng Jin

19 September 2017

On 9 December 2016, a SafeWork NSW Inspector observed Mr Zheng Jin operating a forklift at Flemington Sydney Markets without wearing a seatbelt.

Mr Jin was issued with a Penalty Notice for failure to wear personal protective equipment (being a seatbelt) in breach of clause 46 of the Work Health and Safety Regulation 2011 (NSW).  Mr Jin elected to have the matter heard before the Local Court.

On 21 September 2017 Mr Jin was convicted by the Local Court and fined $1,000.

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 section 32/28(b) of the Work Health and Safety Act 2011.

On 1 September 2017 the defendant was convicted by the District Court and fined $20,000

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.

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 section 32/19(1) of the Work Health and Safety Act 2011.

On 23 August 2017 the defendant was convicted by the District Court and fined $75,000.

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.

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.

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 Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011

On 31 July 2017 the defendant was convicted by the District Court and fined $27,000.

Extrusion Machine Co (Australia) Pty Ltd

31 July 2017

On 8 July 2014 a worker suffered steam and chemical burns to his face while testing a plastic extrusion machine.

After a SafeWork NSW investigation the defendant, Extrusion Machine Co (Australia) Pty Ltd, was charged with a breach of section 32/19(2) of the Work Health and Safety Act 2011.

On 31 July 2017 the defendant was convicted by the District Court and fined $45,000.

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

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