Packaging company fined for third breach of OHSW laws

The Industrial Court has fined Amcor Packaging (Australia) Pty Ltd $96,000 plus legal fees after a third offence in South Australia involving unsafe work practices.

The court also ordered the company to publish the details of the most recent offence on its website for three years.

SafeWork SA prosecuted Amcor after investigating the most recent incident, which occurred in November 2010 at its fibre manufacturing and packaging plant at Athol Park.

Two workers were walking on conveyor rollers to guide an unstable stack of cardboard when one inadvertently stepped into a gap between the rollers. The female worker was then struck by the arm of an automated pallet sweeper, sustaining multiple fractures to her lower leg and ankle.

“It is unacceptable that there was a third breach of the Occupational Health, Safety and Welfare Act 1986,” SafeWork SA executive director Bryan Russell said.

“We expect that South Australian employers fulfil their duty to their workers by ensuring safe systems of work, training and risk assessments to avoid incidents that may cause harm.”

In his ruling, Industrial Magistrate Stephen Lieschke cited no risk assessment at the plant and a failure to provide engineering controls to the hazard of the pallet sweeper.

The two previous offences by Amcor also related to inadequate engineering controls of hazards.

“The two prior offences are highly relevant to this sentencing process, as the court is left with a low level of confidence that Amcor will not commit any future offences,” Magistrate Lieschke said in his ruling.

Amcor faced a maximum fine of $600,000, however the court imposed a fine of $120,000, with a 20% reduction due to Amcor’s guilty plea, cooperation with SafeWork SA and a statement of contrition.

The magistrate said the mandatory website information must appear on the company’s homepage for three years “due to the importance of providing a more enduring reminder to Amcor of the need to maintain safe systems of work over time.”