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  • November 2019
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November 2019

Titan Cranes and Rigging Pty Ltd

29 November 2019

On 25 September 2016, three riggers were injured after a tower crane collapsed while being dismantled, causing them to be suspended in their harness from the boom of the crane, at North Sydney.

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

On 29 November 2019, the defendant was convicted by the District Court and fined $390,000.

Zac Homes Pty Ltd

25 November 2019

On 25 January 2019, two Prohibition Notices were issued in relation to incomplete scaffold and work conducted at height. The notices were contravened when work was continued whilst the Prohibition Notices were in place, at Bardia.

After a SafeWork NSW investigation, the defendant, Zac Homes Pty Ltd, was charged with 2 counts of breach of section 197 of the Work Health and Safety Act 2011.

On 25 November 2019, the defendant was convicted by the Local Court and fined $21,000 and $15,000 for each respective offence.

Nitin Shandil

25 November 2019

Between 13 and 23 January 2017, the defendant controlled the site where asbestos was removed, without the appropriate authorisation/licence, at Sadlier.

After a SafeWork NSW investigation, the defendant, Nitin Shandil, was charged with a breach of section 43(1), section 43(2) and section 268(1)(a) of the Work Health and Safety Act 2011 (the Act) and clause 79(2) and clause 445(1) of the Work Health and Safety Regulation 2011(the Regulation).

On 25 November 2019, the defendant was convicted by the Local Court, fined $5,000 for the offence under section 43(1) of the Act, $1,500 for the offence under section 268(1)(a) of the Act, and $2,000 for the offence under clause 79(2) of the Regulation, and had a Conditional Release Order imposed for a period of 18 months for offences under section 43(2) of the Act and clause 445(1) of the Regulation.

Pipe Perfection Pty Ltd

25 November 2019

On 7 April 2017, a plumber suffered injury when he fell from a height of approximately 5 metres from the roof of a residence while replacing roof guttering, at Newtown.

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

On 25 November 2019, the defendant was convicted by the Local Court and fined $15,000.

MMP Industrial Pty Ltd

22 November 2019

On 29 August 2016 (notified 5 September 2016), a 45 year old paint blender was injured when cleaning a 500-litre paint vat with acetone when an electrical charge/discharge caused a fire, at Mulgrave.

After a SafeWork NSW investigation, the defendant, MMP Industrial Pty Ltd, was charged with a breach of section 32/19(1) and section 38(1) of the Work Health and Safety Act 2011.

On 22 November 2019, the defendant was convicted by the District Court, fined $750.00 under section 38(1) and $75,000 under section 32/19(1), and ordered to:

  • have senior management undertake training in due diligence, hazardous chemicals and electrical compliance under section 241 of the Act,
  • prepare a work health and safety plan pursuant to section 238 of the Act; and

enter into a work health and safety undertaking under section 239 of the Act.

Orbit Formwork Pty Ltd

22 November 2019

On 23 March 2017, a 26 year old formworker suffered injury when he fell approximately 6 metres from an exposed edge while stripping formwork, at Kingsford.

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

On 22 November 2019, the defendant was convicted by the District Court and fined $180,000.

Michael Douglas Herbert

18 November 2019

On 15 March 2018, a 55 year old male was injured when he fell approximately 2 meters from the raised tynes of a forklift he was positioned upon at Wetherill Park.

After a SafeWork NSW investigation, the defendant, Michael Douglas Herbert, was charged with a breach of section 32/27(1) of the Work Health and Safety Act 2011.

On 18 November 2019, the defendant was convicted by the District Court and fined $15,000.

B & J Benchtops Pty Ltd

18 November 2019

On 15 March 2018, a 55 year old male was injured when he fell approximately 2 meters from the raised tynes of a forklift he was positioned upon at Wetherill Park.

After a SafeWork NSW investigation, the defendant, B & J Benchtops Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act2011.

On 18 November 2019, the defendant was convicted by the District Court and fined $90,000.

HCM Building Pty Limited and NSW Formwork Pty Ltd

8 November 2019

On 6 April 2016, a 25 year old formworker suffered seriously injuries when he fell from a step ladder and was impaled by a vertical steel reo bar, at Croydon.

After a SafeWork NSW investigation, the defendants, HCM Building Pty Limited and NSW Formwork Pty Ltd, were respectively charged with breaches of section 32/19(1) of the Work Health and Safety Act 2011.

On 8 November 2019, the defendants were convicted by the District Court. HCM Building Pty Limited was fined $135,000 and NSW Formwork Pty Ltd was fined $150,000.

Joseph Hassarati

08 November 2019

On 15 August 2017, a worker fell from an unprotected edge of a formwork deck he was working from, at Cabarita.

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

On 8 November 2019, the defendant was convicted by the Local Court and fined $15,000.

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