NSW Industrial Relations Committee upholds fine against Profab Industries

The full bench of the New South Wales (Australia) Industrial Relations Commission has upheld an appeal by WorkCover New South Wales against Profab Industries Pty Ltd. Workcover NSW believed the company should have to pay a fine of AUS$50,000 for its culpability in an accident that killed a worker.

The case was originally heard by the Industrial Relations Commission on June 24, 1999, and was related to an accident that occurred on July 14, 1996 at the Profab Industries factory in Chipping Norton. An employee was welding a steel truss beam approximately 12 meters long and two meters high and made of two horizontal beams welded together on a temporary basis. He was working on the final welding of the truss beam while it was standing on the workshop floor with the heavier column at the top making the structure top heavy.

When the employee finished welding, he attempted to attach a chain to the top of the beam so the truss could be lifted away by a crane. The truss toppled and the employee, who was standing on a bed of steel supports, fell. He struck head on a steel support and suffered fatal injuries.

Profab was charged with a failure to maintain a system of work that was safe. The company entered a guilty plea, and the court found that the charges had been proved, but discharged the case without conviction.

WorkCover lodged an appeal against the leniency of the decision. The agency declared that "the imposition of penalty, by the court, permits the legislation to have effect in deterring others from failing to have regard to the risks, failing to provide careful protection to the safety of employees at work, and failing to allocate sufficient resources to avoid failures leading, too often, to avoidable lifelong injuries, incapacity and sometimes fatalities."

The full bench considered that a penalty should be imposed while considering all the subjective grounds of the judgement. In consideration of the AUS$500,000 maximum penalty available to the court, the full bench imposed a $50,000 fine because of Profab Industries' "good record of industrial citizenship and safety and its pro-active approach to safety in an industry which is not always known for its safety consciousness."

"This case highlights the need for all employers to go beyond simply employing safety measures for their employees," said Kate McKenzie, general manager of WorkCover New South Wales.

Edited by Sandy Smith
Managing Editor, Safety Online