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.

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