06:51 pm, Wednesday 1 May, 2013

WorkSafe Victoria released an official statement on the Swanston St wall collapse which killed three people on 28 March, 2013.

According to WorkSafe, the investigation conducted over the incident aimed to determine whether any offences under the Occupational Health and Safety Act 2004 (OHS Act) have been committed.

“This comprehensive investigation is ongoing, but given the complexity of the task it remains in its relatively early stages and will take some time to complete,” said WorkSafe in its statement.

“WorkSafe is continuing to make inquiries with relevant authorities, technical experts and others, and to gather evidence and statements from witnesses about the circumstances surrounding the incident.

“It continues to work alongside other key authorities investigating the collapse – the Coroner, Victoria Police and the Building Commission.

WorkSafe assured everyone that the investigation will be completed as soon as possible. In their statement, it was emphasized that Victoria provides the safest workplaces in the country but said that the construction industry remains one of the most high-risk industries.

“Victoria has the safest workplaces in Australia and the lowest number of injuries in the construction industry of any state, according to Safe Work Australia data. Injuries in the Victorian construction industry fell by 3.5 percent in the 12 months ended 31 March 2013.

“However, construction remains one of the most high-risk industries in the state. This is why WorkSafe inspectors visit all major construction sites on a regular basis as part of a proactive approach to safety, conducting more inspector visits to construction sites – around 30% of all visits – than any other industry.”

For more information, visit the WorkSafe Victoria website.

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11:45 am, Tuesday 21 August, 2012

A food company was convicted and fined $90,000 on Monday over serious and permanent injuries that a worker sustained when his arm was crushed in a machine.

The company pleaded guilty at the Sunshine Magistrate’s Court to failing to provide safe plant and failing to provide proper training under section 21 of the Occupational Health and Safety Act 2004.

The labour hire company which employed the victim was convicted and fined $50,000 in November 2011 in relation to the same incident.

According to investigations, the worker was cleaning a dough extruder when it suddenly activated, trapping the man’s arm in the machine.

WorkSafe’s General Manager for Health and Safety Operations, Lisa Sturzenegger said the incident could have easily been avoided.

“Properly guarding machines is a fundamental safety requirement that employers must act on to avoid incidents like this from happening,” said Ms Sturzenegger.

The court was told the worker was not trained sufficiently trained in operating the machine’s controls. It was also revealed that the machine was inadequately guarded.

“Businesses have to make sure moving parts of a machine have proper guards or physical barriers fitted,” said Ms Struzenegger.

“On top of this, workers responsible for cleaning or servicing machines need to be properly trained in how to deactivate them.”

“As this incident has shown, inadequately training staff can have distressing consequences for all involved.”

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10:57 am, Thursday 17 May, 2012

Photo: WorkSafe Victoria

An Epping-based business and its company director have been prosecuted over serious workplace health and safety charges for the second time in four years.

The company and its director were convicted and fined a total of $124,000 after being charged under the Occupational Health and Safety Act over safety violations in August and December 2009.

In sentencing this week, Magistrate Elizabeth Lambden said that she would have expected safety to be part of the organisation’s day to day operations after it was prosecuted in 2006 for a workplace fatality.

In August 2009, a worker had his finger crushed while using a pipe-bending machine designed by the director. A light curtain, which should automatically stop the machine if a beam was broken had been over-ridden.

Another worker had the tip of his finger partially severed in December 2009 as he tried to remove a piece of metal that had just been cut by saw. The victim’s glove was caught by the saw which did not stop at the rate required by Australian Standards.

An investigation conducted by WorkSafe revealed that the company did not have standardised or consistent training and keys which allowed machines to be over-ridden were kept in them which meant they were not adequately guarded. It was also revealed that the company director failed to take reasonable care for the health and safety of workers who might be affected by his acts or omissions in the workplace.

The company pleaded guilty to one charge in relation to each incident under the Occupational Health and Safety Act 2004. It was convicted and fined $98,000 plus $8000 in costs.

The company director pleaded guilty to one charge in relation to the August 2009 incident under the Occupational Health and Safety Act 2004. He was also convicted and fined $26,000.

The company and its director were first prosecuted in December 2009 over a death of a man at its Epping factory in August 2006. Both were convicted and fined $100,000.

WorkSafe’s General Manager of Operations, Lisa Sturzenegger said that effective machine guarding as well as training of workers were fundamental obligations for all employers and should be a priority for directors, managers and supervisors.

“Ensuring machines are adequately guarded at all times and regularly checked to ensure safety mechanisms are not being circumvented is a basic part of running the business. It maximises productivity and is an investment in the business.

“When machines are not guarded – and that includes guards not being set up or working correctly or being over-ridden – serious consequences can happen in an instant.

“As this case shows, the courts take these issues seriously. Apart from the effect on the individual, a conviction and fines can have significant financial consequences for companies and the people who lead them,” said Ms Sturzenegger.

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