2018 prosecution summaries

June 2018

Central Coast Metal Protectives Pty Limited

22 June 2018

On 24 September 2015, a 20 year old labourer and a 19 year old labourer, suffered disorientation and vomiting after cleaning inside a metal pontoon, a confined space with no ventilation while using paint thinners.

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

On 22 June 2018, the defendant was convicted by the District Court and fined $45,000.

May 2018

Gerard Gibson

28 May 2018

On 18 February 2017, the defendant produced a document in complying or purportedly complying with the WHS Act and the WHS Regulation that the defendant knew to be false or misleading.

After SafeWork investigation the defendant was charged with 2 counts of breach of section 268(2) of the Work Health and Safety Act 2011 and 4 counts of breach of section 43(1) of the Work Health and Safety Act 2011.

On 28 May 2018, the defendant was convicted by the Local Court of 1 count pursuant to s43(1) of the Work Health and Safety Act and fined $6000 with 4 matters taken on a Form 1, and 1 count pursuant to s268(2) of the Work Health and Safety Act with 1 matter taken on a Form 1 and fined $3000.

Abbas Rabih Tawil

22 May 2018

On 4 January 2017, a 46 year old renderer was working on a mobile scaffold when the mobile scaffold tipped and he fell approximately two metres.

After a SafeWork investigation the defendant was charged with 1 offence of failure to comply with a notice under section 155(5) of the Work Health and Safety Act 2011.

On 22 May 2018, the defendant was convicted by the Local Court and fined $5,000.

Render Texture Cladding Pty Ltd

22 May 2018

On 4 January 2017, a 46 year old renderer was working on a mobile scaffold when the mobile scaffold tipped and he fell approximately two metres.

After a SafeWork investigation the defendant was charged with 2 offence of failure to comply with a notice under section 155(5) of the Work Health and Safety Act 2011.

On 22 May 2018, the defendant was convicted by the Local Court and fined $10,000 on each count.

Mark Paul Marando

18 May 2018

Mark Paul Marando failed to comply with Improvement Notice issued on 5 November 2015 to take action in relation to abandoned underground petrol tanks.

After a SafeWork NSW investigation the defendant Mark Marando was charged with a breach of section 193 of the Work Health and Safety Act 2011.

On 18 May 2018, the defendant was convicted by the Local Court and fined $2,000.

April 2018

David Giles Armstrong

30 April 2018

On 20 October 2015 a 27 year old excavator operator, and David Giles Armstrong, a 54 year old plumber suffered serious injuries while attempting to repair a ruptured natural gas line. Mr Armstrong operated an electric jack hammer near the rupture which ignited the natural gas.

After a SafeWork NSW investigation the defendant David Giles Armstrong was charged with a breach of section 32/28 of the Work Health and Safety Act 2011.

On 30 April 2018, the defendant was convicted by the Local Court and fined $2,200.

E.C. Throsby Pty Ltd

23 April 2018

On 6 November 2014, a 22 year old cleaner suffered serious injuries when his arm was struck by the mixing paddles of a meat processor he was cleaning in an abattoir.

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

On 23 April 2018, the defendant was convicted by the District Court and fined $90,000.

Mondex Group Pty Ltd

23 April 2018

On 6 November 2014, a 22 year old cleaner suffered serious injuries when his arm was struck by the mixing paddles of a meat processor he was cleaning in an abattoir.

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

On 23 April 2018, the defendant was convicted by the District Court and fined $15,000.

LendLease Building Pty Ltd

20 April 2018

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

On 20 April 2018, the defendant was convicted by the District Court and fined $60,000.

Wholesale Joinery Pty Ltd

16 April 2018

On 13 May 2016, a worker was seriously injured, when he fell approximately 4.5 metres while removing ceiling panels from a disused cool room.

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

On 16 April 2018, the defendant was convicted by the District Court and fined $120,000.

March 2018

Co-Wyn Building Contractors Pty Ltd

26 March 2018

On 30 June 2015, a worker was fatally injured when he fell 2.9 metres onto a concrete slab while installing a walking platform between roof trusses.

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

On 26 March 2018, the defendant was convicted by the District Court and fined $405,000.

Edgesafe Pty Ltd and Christopher Butler

26 March 2018

On 8 January 2015, a worker was seriously injured when he fell approximately 5 meters from a roof when the temporary edge protection he leant on gave way.

After a SafeWork NSW investigation the defendants, Edgesafe Pty Ltd and Christopher Butler were respectively charged with a breach of section 32/26(2) and 32/27(1) of the Work Health and Safety Act 2011.

On 26 March 2018, the defendants were convicted by the District Court. The corporate defendant was fined $75,000 and the director defendant was fined $5,500.

Millart Enterprises Pty Ltd and Notlad Enterprises Pty Ltd

19 March 2018

On 8 April 2015, a 47 year old female customer died during a drift snorkeling tour after getting into difficulties in a strong current.

After a SafeWork NSW investigation, the defendants, Millart Enterprises Pty Ltd and Notlad Enterprises Pty Ltd, were each charged with a breach of section 32/19(2) of the Work Health and Safety Act 2011.

On 19 March 2018, both defendants were convicted by the District Court and fined $60,000 each.

February 2018

Modern Touch Marble and Granite Pty Limited and Johnne Khouri

20 February 2018

On 2 October 2015 a worker suffered crush injuries when the contents of a shipping container fell on him while he was unloading the container.

After a SafeWork NSW investigation the defendants, Modern Touch Marble and Granite Pty Ltd and its Director Johnne Khouri, were respectively charged with a breach of section 32/19(1) and 32/27(1) of the Work Health and Safety Act 2011.

On 20 February 2018 the defendants were convicted by the District Court and the corporate defendant fined $75,000 and the director defendant fined $12,500.

Universal Property Group Pty Ltd

20 February 2018

On 16 February 2015 a 21 year old Surveyor's Assistant was injured when he fell four meters through a penetration which was not adequately covered, striking some of the steel reinforcing bars. The penetration was covered with a piece of plywood that did not identify a penetration was below.

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

On 20 February 2018 the defendant was convicted by the District Court and fined $135,000.

Ashley Vernon Errol Powell

12 February 2018

On 1 June 2015 a worker was injured when he was hit by a swinging branch cut from a tree causing him to fall approximately 11 metres from the roof of a house.

After a SafeWork NSW investigation the defendant, Ashley Vernon Errol Powell, was charged with a breach of section 32/27(1) of the Work Health and Safety Act 2011.

On 12 February 2018 the defendant was convicted by the District Court and fined $20,000.

H&F Mechanical Pty Ltd, Max Alfred Hoffman and Laurence James Hoffman

2 February 2018

Between 1 February 2014 to 16 May 2014 workers were exposed to a risk of serious injury in the operation of a self-contained wood-processing unit.  The manufacturer’s built-in safety device had been removed, being the double handed system used to operate the machine, and modified to permit an operator to use the handles with one hand instead of two. Those modifications were known to each of the three defendants.

After a SafeWork NSW investigation the defendants H & F Mechanical Pty Ltd, Max Alfred Hoffman and Laurence James Hoffman, were each charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.

On 2 February 2018 the defendants were convicted by the District Court and the corporate defendant was fined $160,000 and the individual defendants were each fined $32,000.

Broadspectrum (Australia) Pty Ltd

2 February 2018

On 29 January 2015 a 66 year old boilermaker suffered fatal injuries when a corroded storage rack collapsed towards him while he was attempting to access or retrieve materials from the storage rack.

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

On 2 February 2018 the defendant was convicted by the District Court and fined $240,000.

January 2018

Nil

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