Employer Fined $270,000 After Worker Crushed

The NSW Industrial Relation Commission this week handed down a substantial fine following a workplace incident where a worker was crushed under a steel deck after it had collapsed leaving the worker confined to a wheel chair for the rest of his life.

The company Tieman Industries Pty Ltd, of Milperra, was fined $275,000. The company pleaded guilty to breaching the employers obligations under the Occupational Health and Safety Act 1983 for failing to ensure the health, safety and welfare of its workers.

The court heard that, the worker was under the steel deck of a dock leveller at a site at Smeaton Grange, when it collapsed as a result of hydraulic failure.

The steel safety prop was not designed to withstand dynamic force and collapsed under the weight of the falling deck, trapping the worker between the steel deck and the concrete floor.

Upon sentencing Tieman Industries Pty Ltd, Justice Kavanagh commented that they had failed to provide a system of work that was safe and without risk.

WorkCover Chief Executive Officer, Jon Blackwell, said: "Employers must take appropriate steps to control and eliminate potential risks in the workplace and provide safe and well maintained equipment."

"Employers must also ensure that their workers have a clear understanding of the required safe work methods for performing work tasks," he said.

Unionsafe Safety Watchdog, Mary Yaager, has stated " Employers need to take notice of this decision and particularly the design aspects of Plant and Equipment used in the Workplace".

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Last modified: Tuesday, 15-Nov-2005 20:37:38 EST