Port Kembla Copper fined following serious workplace incidents

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Wednesday, 01 September, 2004

Port Kembla Copper Pty Ltd has been fined $189,000 by the NSW Industrial Relations Commissions sitting in Court Session following two workplace incidents that led to the serious injury of two workers.

The defendant pleaded guilty to breaching section 8(1) of the Occupational Health and Safety Act 2000 for failing to ensure the health, safety and welfare of its workers. The court heard that on 26 December 2001, a worker was clearing a build-up of molten material from a furnace uptake using a diesel burner that he and a colleague had installed in the furnace. When removing the diesel burner from the furnace, the worker was engulfed by hot gas and smoke and received first-degree burns to his face, ears and neck. On 5 March 2002, another worker was installing a diesel burner in a furnace through a template door.

As the worker began to adjust the fuel and air supply to the burner, a blowback of hot gas and smoke exited from the door and came into contact with the worker, who suffered injuries including first-degree burns to his face and right knee. Upon sentencing the defendant, Justice Haylen commented: "The two incidents serve to emphasise the need for reinforcement and vigilant policing of systems which may otherwise be effective in providing a safe working environment." WorkCover Chief Executive Officer, Jon Blackwell, commented: "Employers must ensure that their workers have a clear understanding of the required safe work methods for performing tasks and receive the necessary supervision to undertake their work safely."

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