Highest penalty to date against labour hire employer in SA

The South Australian Industrial Relations Court has convicted a labour hire employer over a 2013 incident where a temporary migrant worker from Taiwan fell into a bath of caustic soda, suffering severe burns.

According to SafeWork SA, the labour hire employer was charged over failing to provide a safe system of work and failing to provide information, instruction, training and supervision.

Following a thorough investigation by SafeWork SA, labour hire company Big Mars was charged with offences under the Work Health and Safety Act 2012 (SA) for failure to comply with their health and safety duty, which exposed the victim to a risk of death or serious injury.

The worker’s injuries were so severe that he spent over three months in hospital recovering.

The magistrate announced an initial fine of $300,000, reduced to $240,000 plus court costs in recognition of an early guilty plea.

Presiding Industrial Magistrate Lieschke indicated that individual deterrence must be an important aspect of sentencing, as well as general deterrence for labour hire businesses.

“Big Mars failed miserably to carry out any of its fundamental safety responsibilities — if it had done so, Mr Hsiao is highly unlikely to have been injured,” said Lieschke.

SafeWork SA Executive Director Marie Boland said this is the highest penalty recorded against a single entity since South Australia adopted nationally harmonised work health and safety laws in January 2013.

“This case highlights the importance for labour hire employers to have robust work health and safety policies and procedures for managing risk, with adequate methods to communicate these to employees who do not read or speak English,” Boland added.

A second defendant in the case is due to appear in court in June. 

Originally published here.