Fines for hand injuries and ignoring notices

Veolia Environmental Services (Australia) was fined $23,375 and Acquista Investments was fined $21,250 over an incident at their waste-processing facility in 2007. An employee had his right hand fractured and degloved when it came into contact with moving parts of a waste-baling machine as he attempted to clear a blockage.

The court heard there was no safe operating procedure for the task, nor any means of isolating or locking out the machine to allow the task to be performed safely.

Both companies pleaded guilty to failing to ensure the safety of an employee and had convictions recorded; however, Industrial Magistrate Stephen Lieschke also ordered that a copy of his judgement in this matter be provided to all employees of the companies’ business, Integrated Waste Services.

In a separate matter, Craig Arthur Pty Ltd was fined $12,000 after pleading guilty to a charge arising from an incident in 2007 at its premises where it cleans and details road transport equipment.

An employee had his right middle finger amputated when it was caught between the drive belt and pulley of an operating pump which had been left unguarded and unattended during maintenance.

Magistrate Lieschke described the injury as “serious and permanent” and “easily preventable had (the employer) taken the well-understood conventional step of making the pump safe …”

Adelaide Ship Construction International was fined $13,500 after pleading guilty to failing to comply with three Prohibition Notices issued by SafeWork SA.

The court heard how, in 2006, the shipbuilder’s Managing Director continued to operate a mobile crane and elevated work platform after removing the yellow 'Do Not Use' tags placed on them by inspectors.

The Prohibition Notices were issued as a result of the lack of inspection records and logbooks for the machinery and the Managing Director being unable to produce a certificate of competency to operate the crane.

SafeWork SA Executive Director Michele Patterson said Prohibition Notices are a serious measure taken to secure the immediate health and safety of employees arising from hazardous situations: “Prohibition Notices are never imposed lightly, and the law backs their importance with a maximum fine of $300,000 for a company which fails to comply with such a notice, and also a maximum fine of $30,000 for failing to properly display a Prohibition Notice.

“The first two matters before the court highlight the serious consequences of inadequately identifying the hazards and risks involved with everyday work activities. The planning of any task in a workplace needs to account for the safety of all who are present and might be present and the proper guarding of machinery is a fundamental part of that process.”