Tripled fine sends clear health and safety message

A health and safety fine which was nearly tripled on appeal sends a clear message to Victorian workplaces about the consequences of needlessly endangering workers.

Victorian company A Bending Company was originally convicted and fined $25,000 at the Dandenong Magistrates Court. An appeal by the Director of Public Prosecutions to the County Court resulted in the company’s fine being increased to $70,000, with costs of nearly $3000.

“This sends a clear message to Victorian workplaces about what’s in store for them if they neglect health and safety,” Acting Director for Health and Safety Stan Krpan said. “The fact that the Director of Public Prosecutions found the original penalty inadequate, and the increase in the fine on appeal, demonstrates the courts’ attitude towards health and safety offences.

“Workplaces take note - if you needlessly endanger the health and safety of your workers, you’re not going to get off lightly.”

The incident occurred in 2008 at a metal fabrication business, when a 16-year-old worker with no previous experience and minimal training started operating a John Heine press. The front of the press had a hinged drop-down door, which allowed the product and the operator’s hand to be inserted in the press. There was no interlock system to stop the press operating when the door was open.

The worker placed a piece of pipe into the press with his hand. As he removed his hand, he accidentally pressed the foot pedal which activated the press. He suffered a crush injury to his left hand which required the surgical removal to the first joint of three fingers.

The company was well aware of the requirements for guarding, as WorkSafe had issued a notice to the workplace on a previous occasion after finding the press wasn’t adequately guarded. Although this was remedied at the time, the guarding was later removed and replaced with the drop-down door.

The company was convicted and fined on two charges under the Occupational Health and Safety Act 2004 - for failing to provide safe plant and failing to provide information, instruction, training and supervision to employees.