Steel Fabrication business and its director fined after worker injured

Steel Fabrication business and its director fined after worker injured

Steel Fabrication business and its director fined after worker injured

A Townsville-based steel fabrication business and a director have been fined in the Townsville Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (The Act) after a spray painter was struck by a trailer.

As a result of the incident, the worker sustained significant fracture injuries to his head and face, which has led to ongoing medical issues.

The business has three separate painting booths and uses a forklift to transport items across its yard to each of the booths.

On 20 June 2022, a spray painter and his manager were preparing a newly fabricated trailer for painting. The manager is also a director of the company.

After initially moving the trailer to the booth using a forklift, the manager placed the trailer along two steel supports. To access the trailer, the spray painter intended to stand on a steel drum and lift himself onto a drum by grabbing a handle on the trailer.

Unfortunately, the trailer moved towards him and struck his head and face, resulting in his injuries.

In evidence before Magistrate Susan Warrington, several workers, including the injured spray painter, confirmed that they had previously used steel drums as an access point when working on vehicles.

Magistrate Warrington accepted that the worker had not been trained in working at heights, that the drum was not fit for purpose, and that the business had no Safe Work Method Statement (SWMS) for the task. She also expressed concern that the manager had set up the working platform.

In imposing fines of $85,000 against the business and $7,500 on the director, Magistrate Warrington noted the defendant’s timely guilty plea, cooperation with the investigation, and lack of prior convictions.

Convictions were not recorded against either party.

Company and director fined for worker’s serious crush injuries | owhsp

For queries about safety, SWMS, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 0417 622 178, 1300 WAL LAW or via email to dean.cameron@workforceadvisory.com.au

Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.

Ref: 419.0324

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