Sign of the times: $300,000 fine for company after worker dies

Tuesday, 11 September, 2007

An employer has been convicted and charged $300,000 for an employee who died while changing a light bulb.

Inadequate training, a lack of protective equipment and poor work procedures were to blame for the death.

"Other employers must learn from this company's mistakes," WorkSafe's executive director, John Merritt, said.

"As this company demonstrated, safety improvements can be achieved quickly, but you don't have to wait until someone dies. It's little consolation for families when it's done after the event."

Camden Neon employee Sion Rees, 26, of Sunbury died in hospital four days after receiving an electric shock as he removed broken glass from a "live' light fitting, at a Coburg North car yard in April last year.

Camden Neon manufactures and carries out maintenance on display signage. It pleaded guilty to one charge laid under the Occupational Health and Safety Act 2004.

Rees had not been provided with protective gloves and was using an uninsulated screwdriver.

While passing sentence, Judge Sue Pullen said the company's working practices were grossly inadequate or non-existent.

"Simple procedures could have prevented the death of this young man," said Pullen. "It was only good luck that there had not been a fatality before."

As in this case, Camden Neon employees routinely left the power on when they carried out sign maintenance. The firm also did not have a tag and lockout procedure for use when working with electricity.

There was no written job safety analysis or work permit system before electrical work was done and employees had inadequate information, instruction and training in relation to the safe operation of the elevating work platform (EWP).

Mr Rees' workmate, who was in the EWP with him, generally worked in the company's factory and was new to this particular job. He did not know how to operate the EWP when Mr Rees was shocked.

This was the second workplace fatality case heard at the County Court under the "new' Act, which increased the maximum fine from $250,000 to more than $990,000.

"Court-imposed penalties are rising. This will happen progressively, but they can be avoided," said Judge Pullen.

"While WorkSafe supports and works with those who create and maintain safe workplaces, the community expects those responsible for health and safety breaches to be held to account."

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