Second reckless endangerment conviction in Victoria this year

Geelong-based printing company Express Promotions recently became the second company in Victoria to be convicted for recklessly endangering the health and safety of its workers.

Commenting on the conviction, WorkSafe’s Executive Director for Health and Safety, Cath Bowtell, said: “The court was told that company management didn’t just fail to identify the risks - they actually knew workers were in danger, but didn’t step in to adequately protect them.”

The sentencing was the second conviction of a Victorian company for reckless endangerment, following WorkSafe’s prosecution of Orbit Drilling in April this year.

The Geelong Magistrates’ Court convicted Express Promotions on three charges under the Occupational Health and Safety Act 2004, fining the company a total of $280,000.

The conviction related to a 2008 incident where a printer had three fingers on his left hand crushed after it became trapped between the rollers of an inadequately guarded printing press.

The court heard that it was common practice for workers to bypass the guarding on the printing press in order to operate and clean it. Workers had never seen any written instructions on how to safely operate or clean the press. While company management had emailed staff, telling them not to override guarding, there was nothing in place to make sure these instructions were enforced.

“This wasn’t just a one-off issue,” Bowtell continued. “Employees had bypassed guarding on the press for years, often to meet production pressures. Other than sending an email to all staff, the company did nothing to stamp out this behaviour.

“While a range of options was available to the company - including fixing permanent guards and properly supervising staff - it did nothing until one of its workers was seriously injured.

“WorkSafe will continue to use Section 32 of the Act for the most serious offences committed by employers and individuals - when their reckless behaviour places others at risk of serious injury or death.”

Following the incident, the company installed new guarding on the press as well as on other machinery, for a cost of less than $10,000.