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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The two-and-a-half hour workshop will focus on the knowledge and communication skills required by employers to improve return to work outcomes. Dr David Bolzonello will talk about return to work from a doctor’s point of view and will also share tips in building collaborative relationships with your worker’s doctor.

According to WorkSafe statistics, around 29,000 Victorian workers suffer work-related injuries each year.

WorkSafe’s Return to Work project manager Danielle Jacobs said that it is essential for businesses to have the necessary skills needed to help get injured workers back to safe work.

“Helping an injured worker to return to safe, sustainable work sooner – even if it’s on reduced hours and modified or alternative duties – can achieve a better return to work outcome in the long-term.”

“It also helps the business maintain productivity and keep the cost of WorkSafe premiums down.”

She also said that a recent employer performance analysis showed employers who participated in the WorkSafe return to work co-ordinator events on average achieved better return to work outcomes than those who didn’t attend.

“Attending this workshop will help you build your return to work knowledge, give you a chance to discuss your return to work issues with experts and meet and learn from other Return to Work Coordinators from your area and industry.”

The event will be held at the Sanctuary Lakes Resort Greg Norman Drive, Sanctuary Lakes from 9.30am to midday.

More information is available on WorkSafe Victoria website.

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NOPSEMA chief executive Jane Cutler said that there are three uncontrolled hydrocarbon releases of particular concern because of its potential to ignite offshore rigs and wellheads. The releases occurred last year at a wellhead platform, a pipeline and floating production, storage and offloading vessel.

“From the early design stages of a facility, to the end of its lifecycle, it is up to industry, regulators and operators alike to be vigilant in their commitment to the safety of people working offshore and improve the overall health and safety performance of the petroleum industry,” said Ms Cutler.

According to the report, there are a significant number of facilities in Australian waters which are considered aged or ageing.

“Ageing is considered an OHS concern as, unless a systematic approach is developed, the maintenance and repair resources required to address ageing issues once they have occurred may lead to conflicts between safety and production in the future.”

Perth Now reports that NOPSEMA investigated 57 incidents starting July to December 2011. The investigation also includes 38 incidents which resulted in accidents or injury reports.

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The High Court of Australia has this week upheld the finding that seven former non-executive directors of James Hardie made misleading statements about the adequacy of asbestos compensation funding.

In 2009 the Supreme Court of New South Wales found former James Hardie non-directors had breached the Corporations Act when making the statements in 2001.

In 2010, the non-executive directors successfully appealed against this decision. But the Australian Securities and Investment Commission (ASIC) appealed against the decision in the High Court the following year, and was successful.

“The case brought into sharp focus the fundamental responsibilities of both executive officers and non-executive directors who are ultimately responsible for significant public company decisions, and the release of information concerning those decisions, to the share market, employees, creditors and the public,” said ASIC Chairman Greg Medcraft.

AMWU National Secretary Paul Bastian also welcomed the decision but questioned whether the law was tough enough on directors and executives generally.

“The Corporations Law needs real teeth to stop fraudulent conveyancing of finances and to be able to pierce the veil of multiple company holdings,” Bastian said in a media statement.

“It also needs to hold corporate directors to account for their moral behaviours and to be able to impose lasting and meaningful penalties on them such as having to attend death-bed hearings of victims and their families or imposing heavy community duty fines.

“This is not simply about numbers on the bottom line or about misleading statements. It is about people’s lives.”

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The ACTU says that these charges should be laid if death, illness, disease or serious harm is the result of reckless or negligent conduct by another person.

Meanwhile, the Victorian Treasurer has expressed during his 2012-13 budget speech that Victoria will not sign up to the current proposal for harmonised work health and safety legislation.

“It offers little benefit for Victoria to offset the $ 3.4 billion of estimated costs, the majority of which falls on small business. Victoria will continue to work towards best practice legislation,” said Kim Wells.

On the federal budget front, it is noted that the Office of the Fair Work Building Industry Inspectorate will commence 1 June 2012. It will replace the Australian Building and Construction Commissioner (ABCC).

“The staff, assets, liabilities and departmental appropriations of the ABCC will transfer to the Office of the Fair Work Building Industry Inspectorate,” the 2102-13 federal budget paper says.

The Office of the Fair Work Building Industry Inspectorate will receive a funding allocation of $ 124.8 million over five years from 2011-12.

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Vehicle inspectors were pulling over trucks along the Monaro Highway, testing drivers for alcohol and drugs, and checking vehicles for weight, brakes and load compliance.

The crackdown was part of a blitz on the heavy vehicle industry, codenamed Operation AUSTRANS.

Last year’s operation resulted in eight drivers being fined for load restraint issues and other offences, while a further 12 vehicles were given defect notices.

Inspections will be conducted randomly around the territory until the end of May, and Traffic Operations Sergeant Rod Anderson warned truckies to obey the law while on Canberra’s streets.

”We’re looking at fatigue, seat belts, speeding and drink driving or drug-affected drivers,” Sergeant Anderson said. ”We are a hub for NSW, so we do attract a lot of heavy vehicle traffic, and we want to make sure they are complying with the road rules,” he said.

Sergeant Anderson said truck drivers were safe on the whole, but the consequences of dangerous driving in the industry were far greater.

”It can have more serious consequences because of the size of the vehicles, and that’s why we’re undertaking this operation,” he said.

Sergeant Anderson said the Monaro Highway was a road used frequently by truck drivers passing through the territory.

”It does carry a large number of heavy vehicles, so we’re targeting people here at this section together with motor vehicle inspectors,” he said.

Operation AUSTRANS recorded 15,705 total offences involving truck drivers across Australia and New Zealand during May last year.

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According to Yahoo News, the bus driver stopped to collect more children and asked some students to make space for more passengers when he was suddenly punched in the face.

The Education Department is conducting an investigation on the incident but said that it is too early to lay blame and that there is no evidence violence occurred.

The victim suffered a few minor injuries and was back at work on Thursday.

The 16 year-old student from Helensvale High involved in the attack made his own complaint against the bus driver.

Scott Connelly from the Transport Workers Union condemned the attack, saying it was a malicious, surprise attack that the driver did not see coming.

“It was a vicious, unprovoked assault on the driver, who was just trying to do his job,” said Mr Connelly.

“He’s fallen to the ground; just smashed in the face by this youth. Straight afterwards, a teacher on the bus wrestled the youth to the ground.

“If we’re focused to, we’ll look at putting a ban on this school until the situation’s fixed.”

Director General for Education Glen Hoppner said that Education Queensland is unable to substantiate any of the allegations at this stage.

“We’ll thoroughly investigate it and we’ll find out the facts.”

Just last month, another driver abandoned his bus claiming that the students were abusive.

The union says that there have been 15 assaults on Gold Coast bus drivers in the past 12 months, resulting to an urgent meeting with the Transport Minister demanding for tighter security.

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The Industrial Relations Court  has fined an engineering company $ 187,500 for a workplace accident in May 2009 that left a man partially paralysed.

The company was fined for failing to install guard railings around a machine that prepared asphalt.

The court found there were also limited safety protocols regarding the cleaning of the machine, the task that the worker was undertaking at the time of the accident.

The victim, who had worked for the company for eight years, slipped into the pit during a break in cleaning and was crushed between the incline conveyor belt and drum roller.

He sustained partial tetraplegia, significant brain injuries, broken bones and nerve damage.

In his judgment, Magistrate Michael Ardlie said the incident could have led to death.

“The employee is highly unlikely to be able to work again or to be able to live independently,” Mr Ardlie said.

“It is clear, and it was not disputed, that in the circumstances the risk was that the employee could have suffered fatal injuries.”

He added that the company had shown regret and had taken action to ensure proper protection and safe work practices were carried out throughout its Dry Creek plant.

“It went further to ensure that Australia wide all its plant was reviewed to ensure that guarding was adequate,” he said.

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The company pleaded guilty to failing to provide a safe work environment causing serious injuries to the worker. The scaffolding company was fined in the Perth Magistrates Court on Friday.

Investigations revealed that there was a void in the first floor of the central unit. Scaffolding was erected inside, but not the entire void. The remainder of the void was only covered by particleboard not supported by scaffolding.

Thinking that it was supported by scaffolding, the victim stepped into the particleboard. It gave way under his weight and he fell 2.7 metres to the ground floor concrete slab. The victim sustained fractures to his skull, ribs, spine and shoulder.

The void was quickly covered with planks after the incident. The same hazard was discovered in two other units, and these voids were also covered with planks.

WorkSafe WA Commissioner Les McCulloch on Tuesday said that the case should be a reminder of the importance of taking measures to prevent falls.

“Falls are almost always readily preventable, and it need not be difficult or costly to ensure that safe systems of work are in place at all times,” said Mr McCulloch.

“This employer failed to ensure that the voids in the workplace were adequately protected to prevent a fall of a substantial distance, contrary to workplace safety laws.

“Falls are one of the most significant causes of workplace deaths in the construction industry, and 16 Western Australian workers have died as a result of falls in the last four years.

“In this case, the fall – and the suffering of the worker – could have been avoided simply by ensuring that a more effective method of covering the void was used.

“Subsequent to this incident, the employer covered the voids in all three of the units under construction with planks, but this could just as easily have been done from the outset.

“It was unfortunately too late for the worker who fell and suffered serious injuries.

“A Code of Practice on fall prevention has existed in WA for more than 20 years. The current code is comprehensive, providing information on the identification of common fall hazards and the correct use of fall arrest and prevention equipment.

“I urge any employer in control of a workplace that presents a risk of falls to ensure this code is available in the workplace at all times.”

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According to the Adelaide Now, the Industrial Relations Court fined the engineering company for its failure in implementing guard railings around a machine used in the preparation of asphalt in May 2009.

The victim accidentally slipped into the pit as he was taking a break from cleaning and was crushed between the incline conveyor belt and drum roller. He suffered nerve damage, some broken bones, brain injuries and partial tetraplegia.

Magistrate Michael Ardlie said that the incident could have led to the victim’s death.

“The employee is highly unlikely to be able to work again or to be able to live independently,” said Magistrate Ardlie.

“It is clear, and it was not disputed, that in the circumstances the risk was that the employee could have suffered fatal injuries.”

Magistrate Ardlie also said that the company had since taken action to provide protection and ensure safe work practices in its Dry Creek plant.

“It went further to ensure that Australia wide all its plant was reviewed to ensure that guarding was adequate,” said Mr Ardlie.

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