Media Releases
The media releases shown below are taken from the workcover website. They outline the serious outcomes that can result from employers not fulfulling their duty of care.
2 May 2003
Car dealership fined $180,000 over workshop electrocution
A car dealership has been fined $180,000 following the electrocution of a panel beater in its maintenance workshop.
The 46 year old man died when he went to repair a spot welder by removing its control box cover. The incident occurred at the premises of Rick Damelian Paint and Body Workshop at Five Dock in February 2001.
A colleague suffered an electric shock when he went to the injured worker's aid.
The Industrial Relations Commission of NSW sitting in Court Session was told that the dead man was not a qualified electrician and had not undertaken appropriate training prior to the incident.
The IRC heard that the machine had not been isolated from the power source before the attempt to repair it.
The deceased's employer, Rick Damelian Pty Ltd, pleaded guilty to a breach of Section 15(1) of the Occupational Health and Safety Act 1983.
In handing down her judgement on 17 April 2003, Justice Kavanagh noted the serious gravity of the offence and fined the company $180,000 plus costs. However she noted the company's contrition and its financial support for the deceased worker's family.
Justice Kavanagh also commented that the defendant's endeavours to ‘review and implement a revised occupational health and safety management system demonstrated a new and significant commitment to safe working.'
WorkCover's acting General Manager Rob Seljak said that this tragic incident emphasised employers had a duty of care to ensure the safety of their workers by identifying and eliminating risks from the workplace.
“Between 1991 and 2001, there were 54 fatalities through electrocution in NSW workplaces,” he said.
“This fatality in the workplace could have been avoided if a risk assessment had been conducted and safe working procedures prepared and implemented,” he said.
4 February 2000
Protection of young, inexperienced workers urged by WorkCover
The NSW Industrial Relations Commission today imposed fines totalling $310 000 for workplace safety breaches which resulted in the electrocution of a 19-year old employee at McDonald's Family Restaurant, Wollongong.
WorkCover NSW General Manager, Mr John Grayson said: " Today's decision highlights the need for employers to ensure that they have in place safe systems of work, in particular where the employees are young and inexperienced".
The licensor of McDonald's Family Restaurant, Wollongong, McDonald's Australia Limited was fined $120 000 in the Industrial Relations Commission in Sydney on February 4. The lessor of the Wollongong restaurant, McDonald's Properties (Australia) Pty. Ltd, was fined $150 000. The 19-year old's employer, Lyndhurst Trading Co Pty. Ltd, which leased the restaurant and owned and operated the clamshell grills which the deceased was cleaning when electrocuted , was fined $40 000.
The defendants pleaded guilty on March 18 and 19, 1999 at the Industrial Relations Commission to a breach of the Occupational Health and Safety Act which was alleged to have caused the death by electrocution of Michael Johnston (19). He died after touching an exposed live electrical cable while cleaning a clamshell grill at the Wollongong restaurant.
Judge Walton said in his view the existence of a risk to safety in a business which engaged a large number of young, inexperienced and vulnerable workers, particularly where the business used dangerous equipment, must enhance the seriousness of the offence.
"Such a circumstance compels the imposition of a sentence which will attract the attention of other people or corporations operating enterprises with similar features to the necessity of vigilantly ensuring the safety of young and inexperienced workers, " he said.
In making his judgement, Judge Walton acknowledged that the defendants had established various general safety systems directed to the cleaning of grills and electrical maintenance but considered that simple remedial steps could have been taken to prevent the accident and the safety breach was a serious one.
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