In Morrison v Bulga Coal Management an employer received a low fine for failing to ensure the safety of contractors when two workers were injured while working at the mine.
The contractor was working on an elevated work platform, however, was not competent to use the machine. There was an inadvertent press of a pedal which jolted the machine, severing the finger of a nearby employee and bruising the foot of the operator of the platform.
There was a failure of the employer to assess the competency of the contractor on the machine. Marks J took into account the comprehensive safety system the employer had in place which covered all aspects of its operation, the safety record of the employer, the fact the employer no prior convictions in 17 years of operation and the contrition showed to the injured workers. After the incident the employer introduced a pre-job appraisal system and it was evident the employer had a commitment to the safety of its employees. The employer was fined $45,000. The maximum penalty could have been as high as $550,000.
The lessons are simple:
• Ensure all contractors provide qualifications prior to beginning work.
• Have in place a detailed safety system which is regularly reviewed and updated. The safety system needs to be enforced by management, cutting corners with regard to safety should be discouraged and disciplined at all times.
• Induct all employees and contractors in the safety system with documented training in all safety policies and procedures. Refresher training every 2 years is essential.
• If an incident occurs, immediately investigate the reasons behind the incident and implement measures and training to prevent future incidents from occurring.