Health and safety representative

Death of worker in April 2020 leads to huge fines for labour hire company

In April 2020 a 29 yar old man received fatal injuries to the head whilst working at a quarry.

The worker entered a cavity in a rock crashing machine for the purpose of removing a metal blockage. When the blockage was released, the components of the machine moved with significant force and struck the worker in the head causing his death.

A SafeWorkSA investigation found the worker’s host employer had not conducted a risk assessment or created a safe work procedure for this task and, as a result, the worker was not provided with adequate training on how to safety remove blockages. They also considered the particular risk was identifiable and foreseeable, and therefore the host employer has breached their obligation to prevent such an event occurring.

As the worker was a labour hire employee, SafeWorkSA proceeded to prosecute both the host employer and the labour hire company that employed the worker in the South Australian Employment Tribunal (“SAET”).

The labour hire company was found to have failed to adequately consult, coordinate and cooperate with the host employer to ensure their employee was protected from hazards and risks. The SAET fined the labour hire company $40,000, which was reduced to $24,000 after a 40% discount for an early guilty plea, plus legal costs.

As for the host employer, the SAET found they had failed to provide and maintain, as far as reasonably practicable, safe work systems for any and all tasks completed by employees, and they did not perform appropriate hazard identification and risk assessments for this particular task. The SAET also stated the employer should have provided training, supervision and instruction to all persons at risk. The host employer was convicted and fined $650,000, reduced to $455,000 after a 30% reduction for an early guilty plea, plus legal fees.

This case is an important reminder that regularly reviewing, identifying and eliminating risks to as low as reasonably practicable, and that being remote from the workplace and work processes does not avoid a labour hire company or host employer having significant obligations to meet.

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