Pecuniary Penalties Claims Examples

Manufacturing Industry - Product Mixer

Breaches Involved

Section 8 (1) of the NSW Occupational Health and Safety Act 2000

 

Case Details

The employer, a mill owner, was prosecuted following the death of an employee.

The employee was cleaning the inside of a product mixer. The product mixer was turned on while the employee was inside the mixer. The employee was fatally injured by the mixer blades.

The correct method of cleaning the product mixer was to turn the switch off at the power box, lock the power box and turn on the isolating switch off before entering the product mixer.

The employer pleaded guilty to a breach of section 8(1) of the Occupational Health and Safety Act 2000 for failing to ensure adequate controls or safe work systems were in place to prevent an accident with the product mixer. The employer also pleaded guilty to failing to ensure adequate risks assessments were taken and failing to provide information, instruction and supervision for workers.

 

Resulting Penalties

»  The employer was fined $150,000. The Industrial Court of NSW allowed the company a 25% discount for it's early guilty     plea and took into account it's cooperation with WorkCover investigations and contrition.

 

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