Fine For Dragging Worker

A State Rail guard was dragged along a platform at Mortdale in Sydney’s south last November, resulting in a fine of just under $150 000.

The guard had been preparing to alight from a train when it increased speed, causing her to stumble forward and fall onto the station platform. The guard's rucksack caught on the body of the carriage and she was pulled along the platform with the train for about three metres, before being caught between the platform and the train.

The guard sustained serious injuries, including multiple fractures to ten ribs, fractures to both clavicles, a punctured lung, a puncture wound to the left hip, fractured septum and numerous cuts, abrasions and bruising.

The State Rail Authority of NSW pleaded guilty to breaching the Occupational Health and Safety Act 1983 for failing to ensure the health, safety and welfare of the employee and has been fined $149,500 by the NSW Industrial Relations Commission following the incident.

Justice Boland said State Rail had failed to provide the guard with sufficient information, instruction and training regarding the boarding and alighting from trains, including the personal risks of doing so.

WorkCover NSW Acting Chief Executive Officer, John Watson, said: "This unfortunate incident highlights the importance of employers providing adequate training and instruction to their employees and ensuring safe systems at work."

"We accept and welcome the comments by John Watson regarding training. This highlights the need for increased training instead of the cost cutting that's been going on for years," says Phil Kessey from the Rail Tram and Bus Union.

Inquiries into both the Glenbrook and Waterfall train accidents by Justice McInerney highlighted the lack of adequate safety training at State Rail.

RIC, Barclay Mowlem Fined Over Redfern Incident

Meanwhile, fines totalling $322,000 have been imposed by the NSW Industrial Relations Commission following an incident at Redfern Railway Station in which a worker suffered severe head injuries causing brain damage.

On 10 July, 1999, a Barclay Mowlem Construction employee was seriously hurt and another narrowly escaped injury when struck by a redundant electrical wire, which fell while they were attempting to remove it from overhead pylons.

The court heard that the overhead wire, which was not live, had been held in place with ropes to maintain it in a state of tension during the removal process.

However, the restraining ropes slipped off, releasing the wire from its tension, "like a big rubber band", and it fell onto the station platform in a whiplash motion striking the two workers.

Rail Infrastructure Corporation was fined $147,000 and Barclay Mowlem Construction Ltd $175,000 after both pleaded guilty to breaches of the OHS Act 1983 for failing to ensure the health and safety of workers.

In handing down his decision, IRC President J Wright said: "Barclay Mowlem was not unaware of the problem posed by high radial forces on the contact wire. The risk was not, however, adequately or appropriately dealt with."

He said the culpability of Rail Infrastructure Corporation in the matter lay in the corporation's failure to adequately supervise the work of Barclay Mowlem and its employees.

WorkCover NSW Acting Chief Executive Officer John Watson commented: "This unfortunate case highlights the need for principal contractors to adequately supervise sub-contractors, and for all employers to provide safe systems of work."

To discuss this and many other interesting OH & S topics visit our discussion boards at http://unionsafe.labor.net.au/shoptalk/

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Last modified: Tuesday, 15-Nov-2005 20:37:35 EST