Recycal Pty Ltd
December 2022
The incident
On 29 June 2019, two workers attended work at Recycal Pty Ltd to complete a load out of scrap metal bound for an international buyer. They had a conversation about tasks, which included loading shredded metal into shipping containers. Due to high wind and rain, they decided to return to work the following morning to complete the tasks.
With the improved weather on 30 June, the men returned to work, where they had another conversation about the task at hand. The first worker said he wanted to work from the Genie boom lift elevated work platform (EWP) to take photographs of the contents of a shipping container as it was being filled, to help the operator of a material handler load the shipping containers.
Two shipping containers were initially placed on end, and the second worker began loading them with the help of a material handler.
After filling and closing several containers, the first worker is thought to have lowered the EWP alongside the sixth container, and is believed to have either lent over the top of the rail of the boom on the EWP, or exited it to latch the container door shut. The first worker fell approximately 7 metres to the ground sustaining multiple severe injuries.
Findings
Inspectors from WorkSafe Tasmania investigating the incident found:
- the first worker was not wearing a fall arrest system and was not secured to a fixed point on the EWP
- the first worker was either leaning out of or had exited the EWP
- the second worker recalled seeing the first worker hanging head first from the top of the shipping container prior to falling
- there was a lack of consistent work supervision and instruction in line with company procedure.
It was found that Recycal failed to discharge its duties, in so far as reasonably practicable, to ensure workers engaged and directed to carry out high risk work were without risk.
The penalties
Recycal Pty Ltd was charged with:
- one count of failing to comply with a health and safety duty: Category 2, Section 32 of the Work Health and Safety Act 2012
- one count failing to comply with a duty to notify of incident: Section 38 of the Work Health and Safety Act 2012
- one count failing to comply with a duty to preserve incident site: Section 39 of the Work Health and Safety Act 2012.
On 12 December 2022 in the Launceston Magistrates Court, Recycal was found guilty on the section 32 and section 39 offences, and fined $85,000 with a conviction recorded.
Glenburn Orchards Pty Ltd
September 2022
The incident
A worker was employed by Glenburn Orchards Pty Ltd on a casual basis as a lug boy. He had been working for Glenburn Orchards for three harvesting seasons.
On 17 January 2019, the acting General Manager (GM) asked the worker to drive the forklift to the cherry shed to load pallets. The acting GM did not check with the worker if he held a forklift licence before allowing him to drive the forklift.
The worker drove the forklift to the cherry shed with no issues, but as he was returning the forklift to the orchard, he got the pedals mixed up and was driving too fast. The forklift tipped over and landed on top of him, trapping his leg underneath. The forklift slid down the embankment into a nearby dam, still with the worker trapped underneath. He freed himself and called for help. He sustained serious injuries to his legs and lower back.
Findings
Inspectors from WorkSafe Tasmania investigating the incident found:
- Glenburn Orchards failed to follow high risk work licensing requirements (driving a forklift is classed as high risk work); and allowed an unlicensed, underage and unsupervised worker to operate a forklift
- The acting General Manager (a licensed forklift operator himself) allowed the worker to operate the forklift without verifying that he had the required high risk work licence
- there were no procedures for checking that workers hold a high risk work licence for forklift truck operations.
The investigation also found:
- the worker received no instruction, training and supervision in operating the forklift
- no risk assessment had been conducted for forklift truck operations
- there were no safe operating procedures in place for forklift truck operations
- there was no formalised safety induction for workers covering forklift truck safety, operation and licensing requirements.
The penalties
Glenburn Orchards Pty Ltd was charged with:
- one count of Category 2 offence contrary to Section 19(3)(f) of the Work Health and Safety Act 2012
- one count of failing to comply with a health and safety duty: Category 2, Section 32 of the Work Health and Safety Act 2012.
On 9 September 2022, Glenburn Orchards was found guilty and fined $40,000 with a conviction recorded.
Liddell Building Pty Ltd
September 2022
On 12 August 2020, the PCBU of Liddell Building Pty Ltd was working at a private home with his only worker. They were constructing a deck, and were in the process of erecting pre-fabricated wall frames.
There was no guarding or edge protection in place on the deck, to allow for delivery of the wall frames. Scaffolding had been ordered, but delivery had been delayed by weather conditions.
It is believed that the PCBU slipped on a piece of sheet and fell off the deck, nearly three metres to the ground. He sustained serious injuries.
Findings
Inspectors from WorkSafe Tasmania investigating the incident found:
- the PCBU was working close to an unguarded edge
- the PCBU did not considered alternative control measures to prevent falls when the scaffolding was delayed
- there was only a generic safe work method statement for the project’s risks in place
- this safe work method statement was also not on site, so it could not be reviewed and revised when the scaffolding delivery was delayed.
The penalties
Liddell Building Pty Ltd was charged with:
- one count of failing to ensure high risk construction work was carried out in accordance with the safe work method statement for the work: Regulation 300(1) of the Work Health and Safety Regulations 2012
- one count of failing to ensure the safe work method statement was reviewed and revised: Regulation 302 of the Work Health and Safety Regulations 2012
- one count of failing to ensure a safe work method statement is kept readily available to workers: Regulation 303(3) of the Work Health and Safety Regulations 2012.
On 8 September 2022, Liddell Building Pty Ltd was found guilty on the first two charges and fined $1332 with no conviction recorded. The charge under Regulation 303 was dismissed.
GL & VN Barber Pty Ltd
July 2022
On 27 August 2019, a worker employed by GL & VN Barber Pty Ltd (trading as Barbers Sawmill) was cleaning up the chipper area, shovelling sawdust from the floor onto a conveyor belt. He noticed he had accidently shovelled sawdust onto the inner side of the conveyor, so he stopped shovelling and went to the roller end of the conveyor.
While trying to remove the sawdust, the worker's glove became caught between the belt and drum, pulling his hand around the drum. He sustained serious injuries, including lacerations and burns to the thumb and wrist area of his hand.
About a month before the incident, a caller to WorkSafe Tasmania’s Helpline said:
- nine workers had left Barbers Sawmill in the previous fortnight, due to safety issues
- workers were not given any induction
- workers were required to clean under conveyors while the machinery was operating, without any head protection
- no guidance was given for safe manual handling.
WorkSafe Inspectors visited Barbers Sawmill on 25 July 2019 and issued 14 improvement notices; one of these was for isolating machinery for cleaning purposes.
Findings
Inspectors from WorkSafe Tasmania investigating the incident found:
- the conveyor belt didn’t have a guard to prevent the worker from accessing the pinch point between the conveyor belt and the tale drum
- the conveyor belt didn’t have a guard to prevent the worker from accessing the pinch point between the conveyor belt and the tale drum
- the worker wasn’t provided with information and training on how to safely isolate the conveyor belt before cleaning it.
The penalties
GL & VN Barber Pty Ltd was charged with:
- four counts of failing to comply with an Improvement Notice: Section 193 of the Work Health and Safety Act 2012
- one count of failing to comply with a health and safety duty: Category 2, Section 32 of the Work Health and Safety Act 2012.
On 20 July 2022, GL & VN Barber Pty Ltd was found guilty of a category 2 offence and fined $60,000 with a conviction recorded. Engineered stone benchtop manufacturer fined after three workers contract silicosis
Action Builders Pty Ltd
October 2022
Action Builders Pty Ltd was engaged to renovate a second floor bathroom in a private home, as part of an insurance claim for water damage.
A week before the incident, Action Builders workers gutted the bathroom.
The workers returned on 4 June 2018 and renovated part of the bathroom flooring. No work was done on 5 June.
On 6 June, the homeowner went into the bathroom to inspect the area. While she was taking photographs of the damage, she stepped back; one leg went through the floor and she continued to fall through to the space below. She sustained cracked ribs, bruising on her left side and a torn calf muscle.
The penalties
Action Builders Pty Ltd was charged with:
- 1 count of failing to comply with a health and safety duty: Category 2, Section 32 of the Work Health and Safety Act 2012
- 1 count of specific requirements to minimise risk of fall: Regulation 79(2) of the Work Health and Safety Regulations 2012.
WorkSafe Tasmania and the Office of the Director of Public Prosecutions agreed not to proceed with the first charge.
On 17 October 2022, Action Builders pleaded guilty and was fined $10,000 with no conviction recorded.
Heritage Stone Pty Ltd
A Cambridge manufacturer of engineered stone benchtops has been convicted and fined after three workers contracted silicosis as a result of being exposed to excessive levels of respirable crystalline silica.
The incident
On 1 November 2018, WorkSafe Tasmania was notified of concerns about unsafe work practices at the workshop of Heritage Stone Pty Ltd.
The information provided indicated that workers may have contracted silicosis due to exposure to respirable crystalline silica dust. This dust is generated by crushing, cutting, drilling, grinding, sawing or polishing of natural stone or man-made products that contain silica, including engineered stone.
A WorkSafe Tasmania investigation found that Heritage Stone Pty Ltd was dry cutting and shaping engineered stone, and:
- there was generally poor workplace awareness of the risk the silica dust posed, despite safety data sheets and warning labels identifying the hazard
- the business had not carried out any air monitoring to determine the levels of silica dust that workers were exposed to, nor had they provided their workers with health monitoring to identify whether their health was being affected by this dangerous substance
- workers were largely not provided with the right type of respiratory protection
- cleaning floors and clothing resulted in respirable crystalline silica becoming airborne again, and there was no signage warning workers or visitors that there was a risk of breathing in silica dust
- the business had not installed isolation screens or booths, which would have prevented the spread of the silica dust throughout the workshop, including the meal room.
The penalties
Heritage Stone Pty Ltd was charged with one offence under Section 32 of the Work Health and Safety Act 2012 of failing to comply with a health and safety duty that exposes a worker to the risk of death or serious injury or illness.
The company pleaded guilty to this charge. It was convicted and fined $500,000 on 23 February 2022.
Resources
To ensure safety when working with materials and tasks that could generate respirable crystalline silica, see: