The Federal Government’s drive to introduce a national approach to health and safety legislation is yet to be implemented across all states so it is paramount that fleet managers keep across the legislation that applies in their jurisdiction.
Failure to comply with health and safety legislation can be a costly affair for fleet departments with officers and individuals facing potential fines of up to $600,000 or $300,000 respectively, five years in jail, or both, while corporations can face up to $3m in fines under the harmonised work health and safety laws.
Besides the financial and legal ramifications of an accident, there can be negative implications for the remaining employees and the reputation of the organisation in question.
McCullough Robertson Lawyers is a specialist in health and safety law and compiled a summary of a few recent cases to illustrate the dangers of breaching the
Work Health and Safety Act 2011 (Qld):
Caught in conveyor:
Penalty: $35,000 fine
The company in this case operated a recycling business. The injured worker had commenced employment approximately 5 months before the accident occurred. The conveyor used as part of the business required adjustments and, while the worker was performing the repairs, he put his finger into the conveyor, which resulted in his entire right arm being sucked into the conveyor. The worker sustained serious injuries to his right arm and had surgery to insert a metal plate and screws to fix the broken bones. The company pleaded guilty to failing to ensure that the plant was adequately guarded.
Thrown from tractor:
Penalty: $35,000 fine, No conviction recorded
The company operated a banana farm in Queensland. A worker driving a tractor was thrown from the tractor and was subsequently run over. A seatbelt was not worn at the time. Workers at the banana farm were from a non-English speaking background and the company provided work instructions and procedures in English. The company pleaded guilty to failing to provide adequate supervision and training to ensure that systems in place were understood and followed.
Forklift collision:
Penalty: $35,000 fine plus court-ordered undertaking under s.239 included a recognisance of $60,000, No conviction recorded.
The defendant company operated a transport company. A worker was operating a forklift owned by the company which was missing the left hand side mirror. While reversing the forklift, the worker collided with another worker in a loading bay. . The company pleaded guilty to failing to have adequate systems in place for pedestrian exclusion zones, and failed to properly maintain plant.
Don't miss the one-off mechanical workshop safe maintenance practice training commencing 17 March ...
Fleet Maintenance Safe Practice Plus
What: New one-day training based on the newly released Plant & Vehicle Maintenance Safe Practice Guide.
When:
VIC (Melbourne) Tue 17 Mar
NSW (Dubbo) Wed 18 Mar
QLD (Brisbane) Thu 19 Mar
WA (Perth) Mon 23 Mar
Cost:
Systems Plus Subscribing Organisation
$480 (inc GST) per participant
$590 (inc GST) per participant