PERFORMANCE Wheel Nominees was convicted and fined more then $AUD 25000 over three counts of breaching workplace safety laws.
Wheel Nominees pleaded guilty in failing to ensure the safety of employees from injury and risks to health while at work, after two employees were injured in separate incidents in 2005. It also pleaded guilty to one count of failing to notify SafeWork South Australia of a dangerous occurrence.
Both incidents happened at the company’s North Plympton facility where it makes cast aluminium parts. On 8 March 2005, an employee working over a “quench tank” containing hot water and other chemicals suffered severe burns to the lower leg when a corroded walkway collapsed beneath him.
On 15 April 2005, another employee suffered minor burns to the foot after stepping backwards into an uncovered manhole over the same hot water tank.
Industrial Magistrate Richard Hardy agreed with SafeWork SA that the incidents could have been prevented if a system of adequate inspections and maintenance had been in place.
Although the second incident was caused by the worker disobeying working instructions, Magistrate Hardy cited the lawful obligation of an employer to guard against inadvertent actions of employees if reasonably practicable.
The company was fined a total of $AUD 25475, comprising $19200 for the first section 19 offence; $4000 for the second and $1200 for the failure to report, plus costs. The penalties were discounted due to the early pleas, contrition and mitigating circumstances.
SafeWork SA says the case highlights the consequences of neglecting the most basic safety precautions in workplaces containing glaringly obvious sources of harm.
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help@safework.sa.gov.au