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A Victorian dairy company has been fined $40,000 following the death of farm worker on a working holiday from the UK.

The farm worker was hit by a prime mover as he crossed the Timboon-Colac Rd in Bungador, while driving one of the farm’s quad bikes on 4 February 2014, according to a WorkSafe media statement.

WorkSafe investigated the incident and found the quad bike driven by the worker and a second quad bike on the farm had defective brakes and none of the farm workers wore helmets when driving them.

Although the cause of the fatal incident wasn’t alleged to be faulty brakes and the failure to wear a helmet, such failings were in breach of the Victorian Occupational Health and Safety Act 2004, WorkSafe said.

The dairy company, Foscor Pty Ltd, was charged and persecuted in the Colac Magistrates’ Court in September for failing to provide and maintain safe plant and a system of work for its employees. The company pleaded guilty, was fined $40,000 and ordered to pay costs of $5051.

“This man had only recently arrived in Australia from the UK with his girlfriend to begin a working holiday of a lifetime. Instead, his girlfriend, family and friends are now living with a lifetime of grief,” said WorkSafe’s Executive Director of Health and Safety, Marnie Williams, in the media statement.

For more details, visit WorkSafe

Published on 8 October 2015 in the NSCA Foundation Safe-T-Bulletin enewsletter – available free every fortnight direct to your email. Subscribe online today.

Visy Paper Pty Ltd has been fined more than $400,000 and Baker & Provan Pty Ltd has been fined $225,000 following the death of a worker in each of their respective companies.

A forklift operator was killed at Visy Paper Pty Ltd’s waste recycling facility at Smithfield on 12 December 2012 when a front-end loader reversed into him, according to a SafeWork NSW media statement.

Following an investigation into the incident, Visy Paper Pty Ltd was charged and prosecuted in the District Court of NSW. Last month the company was found guilty of a breaching the NSW Work Health and Safety Act 2011, fined $412,500 and ordered to pay costs.

In another incident, a fitter and machinist at Baker & Provan Pty Ltd was killed when the crane he was maintaining fell on him.

Baker & Provan Pty Ltd was also prosecuted in the NSW District Court for breaching the NSW Work Health and Safety Act 2011. The company was found guilty, convicted and fined $225,000 and ordered to pay costs.

For more details, visit the Visy Paper Pty Ltd and Baker & Provan Pty Ltd findings

Published on 8 October 2015 in the NSCA Foundation Safe-T-Bulletin enewsletter – available free every fortnight direct to your email. Subscribe online today.

Kenoss Contractors has been fined $1.1 million following the death of a truck driver.

The sentence was handed down in the ACT Magistrates Court last week, according to The Canberra Times and ABC media reports.

The truck driver was electrocuted on a Kenoss Contractors worksite in Canberra in 2012.

The company was found guilty of breaching the Work Health and Safety Act 2011 (ACT) in the ACT Magistrates Court in June. During the same hearing, the charge against Kenoss project manager Munir al-Hasani (ie, that he was an officer of the corporation and failed to exercise due diligence to prevent the failings of the corporate defendant) was dismissed.

Despite the large fine imposed on the company, it won’t be paid because the company went into liquidation before the case was heard.

“On [the] one hand, this is disappointing [because] there’s a dead worker at the end of this tale, but on the other hand, this is a very strong warning to company leaders right around the country,” ACT Work Safety Commissioner Mark McCabe was quoted in The Canberra Times.

The sentence is yet to be published online.

For more details on the June verdict, visit the ACT Magistrates Court

Published on 27 August 2015 in the NSCA Foundation Safe-T-Bulletin enewsletter – available free every fortnight direct to your email.  Subscribe online today.

The Australian Defence Force (ADF) has been fined $220,000 following the shooting of two soldiers.

The fine was handed down in the Federal Court of Australia in Canberra last week.

During a night training exercise at the Cultana Training Area near Whyalla, South Australia, in October 2009, a Special Forces soldier was fatally shot in the head and another soldier was wounded by a gunshot to his left arm.

Among the findings, the Court heard that the ADF training manual failed to require that a risk management plan or risk assessment be prepared for each separate training exercise. This led to the implementation of inadequate risk management and assessment, particularly when live ammunition was used and fired.

Also, a number of the individuals failed to meet their employment standards. “Those failures mainly concerned the miscommunications caused by the last-minute briefings and the failure to ensure that appropriately qualified persons were appointed to the relevant tasks involved in the exercises and had been fully and adequately briefed by other appropriately qualified persons,” said Justice Lindsay Foster in his judgment.

The case reinforced the need for employers to take every practicable step to ensure the safety of their workforce, Comcare CEO Jennifer Taylor said in a media statement.

“This is particularly important for work that is inherently dangerous, as is the case with many tasks performed by Defence personnel,” she added.

For more details, visit the case

Published on 27 August 2015 in the NSCA Foundation Safe-T-Bulletin enewsletter – available free every fortnight direct to your email.  Subscribe online today.

Fifteen more people have died in work-related incidents, according to the latest notifiable fatalities report from Safe Work Australia.

The deaths occurred in March and included 12 male workers, one female worker, one male bystander and one female bystander.

Four of the fatalities involved a vehicle incident – public road crash, three involved a vehicle incident not on a public road, and two each involved crushing and drowning.

The remaining four fatalities involved a pedestrian hit by a vehicle (public road), a fall from a height, a vehicle incident (air crash) and a fall on the same level.

For more details, visit notifiable reports

Published on 2 July 2015 in the NSCA Foundation Safe-T-Bulletin.


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