Sign of the times: $300,000 fine for company after worker dies
10 September, 2007
Inadequate training, a lack of protective equipment and poor work procedures has led to a conviction and $300,000 fine for the employer of a man who died while changing a lightbulb. He had not been provided with protective gloves and was using an uninsulated screwdriver. Sion Rees, 26, of Sunbury died in hospital four days after receiving an electric shock as he removed broken glass from a 'live' light fitting at a Coburg North car yard in April last year.
Court-imposed penalties are rising. This will happen progressively, but they can be avoided. The community expects those responsible for health and safety breaches to be held to account.
This was the second workplace fatality case heard at the County Court under the 'new' Act which increased the maximum fine from $250,000 to more than $990,000. Parliament significantly increased fines under the Occupational Health and Safety Act 2004, reflecting the community's view that workplace safety was a serious issue. "Other employers must learn from this company's mistakes," WorkSafe's Executive Director, John Merritt, said.
Passing sentence, Judge Sue Pullen said the company's working practices were grossly inadequate or non-existent. "Simple procedures could have prevented the death of this young man". As in this case, Camden Neon employees routinely left the power on when they carried out sign maintenance. The firm also did not have a tag and lock out procedure for use when working with electricity. There was no written job safety analysis or work permit system before electrical work was done and employees had inadequate information, instruction and training in relation to the safe operation of the elevating work platform (EWP).
As this company demonstrated safety improvements can be achieved quickly, but don't wait until someone dies. It's little consolation for families when it's done after the event.