Labour hire injuries and fines a warning to all employers
July 3rd, 2009
Several recent OHS prosecutions in the Victorian Magistrates Court should serve as a reminder to labour hire and host employers of their responsibilities to ensure the safety of all their workers.
Yesterday, Judge Geoffrey Chettle convited and fined host employer, Asixa Pty Ltd $250,000 after an on-hired worker was crushed by a 700kg crate of glass.
The worker remains in a vegetative state nearly three years after the incident.
At the time of the incident, the worker was using a forklift to unload the glass from a truck with two other workers. The tines of the forklift could not fit under the crate properly but the worker managed to lean it against the backrest of the tines.
The worker was reversing the forklift into the warehouse and, at some point, got out to adjust the load when it fell on him.
The Court heard the worker did not have a certificate of competency to operate a forklift, nor was he given information, instruction or training on the forklift that was newly introduced that day.
After the incident, Asixa made improvements to its assessment and training of forklift operators, introduced new risk assessments and induction policies, and developed training for unsecured or problem freight.
Judge Chettle acknowledged the changes, however said that they should have been made sooner.
The worker’s employer, Black and White Recruitment Solutions Pty Ltd, was also charged, and will be prosecuted at a later date.
In a separate incident, labour hire company GTEWPM Pty Ltd and host employer, Southern Cross Recycling Pty Ltd, were also convicted and fined over an incident involving an on-hired worker.
The worker was operating a baler press, which compacted used clothing. The machine was guarded by a light curtain, which failed when the worker entered the press area to adjust a sheet that had become untucked.
The machine began operating while the worker’s arm was stuck, severing it.
GTEWPM pleaded guilty to breaching ss21(1), (2)(b) and (2)(e) in the Magistrates Court and was fined $32,000.
Southern Cross Recycling was also fined $50,000.
www.ohsalert.com.au Friday 3rd July 2009