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1800 4 LOGIC (1800 456 442) |
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CASE LAW - WORKER CRUSHED IN MACHINERY |
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LABOUR HIRE COMPANY FINED $150,000 AFTER WORK
CRUSHED IN MACHINERY |
A labour hire company, Fix Force (QLD) Pty Ltd (Fix Force) failed to
ensure that its worker was not exposed to unsafe equipment in the
workplace. As a proper guard was not in place, the worker suffered
significant injuries as a result of being crushed. The Verdict The Court noted that in addition to Fix Force’s failure to put a proper guard in place, the employer also failed to put in place any mechanical or engineering controls to notify the worker of the risk of crush injury. For example, there were no audible or visible warning devise in place. Fix Force was fined $150,000 and ordered to pay court costs. The Lesson Employers need to ensure that they check the workplaces where their workers are performing work to ensure that all reasonably practicable controls have been implemented. This includes undertaking a risk assessment to check whether higher levels of control in the hierarchy of control have been used to protect the worker. In the case of labour hire organisations, it will be no excuse that they do not have day-to-day control of the workplace, as they will be required to either not send teir workers to an unsafe premises or to ensure that host employer takes steps to remedy the outstanding hazards. Interested in reviewing you safety management system and putting its implementation to the test? Click here to contact us today. |
| This article is © 2015 Portner Press Pty Ltd and has been reproduced with permission of Portner Press, Australia. It was first published in the Health & Safety Handbook | close window |
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