SA employers fined for rail and factory injuries

Industrial magistrate Stephen Lieschke recently fined three South Australian businesses over incidents in 2007 that caused serious workplace injuries.

All three companies were convicted after pleading guilty to breaching section 19(1) of the Occupational Health, Safety and Welfare Act 1986 in failing to ensure the safety of an employee at work. All received 25% discount from their fines in recognition of their guilty pleas, cooperation, contrition and remedial action to improve their safety systems.

Bluebird Rail Operations was fined $30,000 over an incident at its workshop. A worker’s arm was crushed beneath a 1500 kg sidewall, which broke loose when a lifting lug failed as it was being lifted to a rail freight wagon under construction.

The court heard that SafeWork SA’s investigation revealed deficiencies in the equipment used, the work processes and the communication channels. While the worker suffered permanent and debilitating injuries, his employer provided ongoing support including education and training. The employee returned to work after several months and has been promoted within the organisation.

International Tastes was fined $20,250 after an incident in which an employee had his arm caught in the rotating blades of a pasta-making machine at the company’s premises.

The court was told that the employee was taught to operate the machine with the safety guard open. The interlock switch, which would have stopped the machine from operating in such cases, was not working and no safety checks or procedures were in place for either the machine or the tasks involved with its use. The victim suffered fractures, lacerations and nerve damage resulting in a number of operations and considerable pain and suffering. He has since returned to work interstate with a related company.

Central Glass was fined $9375, having been prosecuted over an incident at its factory where it makes aluminium window components.

Two workers were manually lifting a slippery steel die weighing 95 kg, to place it in a press. In doing so, the die slipped crushing the fingertip of one worker and narrowly missing the feet of both workers as it fell to the ground from about waist height. SafeWork SA told the court there were no safety procedures for the task and the injury could have been averted through the use of mechanical lifting gear, which was later purchased.