Earthmover fined over teen worker injury

An Adelaide earthmoving company has been fined more than $30,000 in the Industrial Court over breaches of workplace safety laws that resulted in a young worker sustaining a broken leg.

Lucas Earthmovers received its penalty after being found guilty in a trial held last year. Industrial Magistrate Stephen Lieschke convicted the company on two counts and fined it $28,000 for a breach of the Occupational Health Safety and Welfare Act 1986 and $4000 for the breach of a Regulation. The company lodged an appeal against the Magistrate’s finding of guilt at the trial.

The charges arose after SafeWork SA investigated an incident at West Beach in 2006 where a 17-year-old employee was struck by a skid steer loader (colloquially known as a ‘bobcat’) and sustained fractures to his lower right leg.

The employer was charged with breaching section 19 of the Act in failing to ensure the safety of an employee, and Regulation 6.4.15(2), which deals with the need for appropriate certification when operating load-shifting equipment.

The court heard that the 21-year-old driver of the loader did not have a certificate of competency to operate the machine.

SafeWork SA also argued during the trial that the company had failed to provide a safe system of work and all reasonably necessary instruction, training and supervision to its employees.

The company’s appeal against the finding of guilt will be heard before a single judge of the Industrial Relations Court next month.