Drum cleaning company fined $30,000 over serious injury to worker
Issue Date: - Friday, 15 May 2009
A North Coogee drum packaging and cleaning company has been fined $30,000 for failing to provide a safe workplace after a labour hire worker was seriously injured.
Schutz DSL (Australia) Pty Ltd (formerly known as DSL Drum Services Pty Ltd) (Schutz) pleaded guilty to failing to provide a safe workplace and, by that failure, causing serious injury to a worker and was fined in the Fremantle Magistrates Court on Monday.
The worker had been provided under a labour hire arrangement in December 2006 to work as a labourer, loading and unloading plastic drums to and from trucks.
On his second day at the workplace, the worker was instructed to work with steel drums in an area close to a 13 metre long conveyor used to transfer drums from one side of the shed to the other.
A walkway was located alongside the entire length of the conveyor, and this walkway was known to become very slippery.
The labour hire worker had been provided with a general induction by the labour hire company, but no specific induction for the job was provided by either the labour hire company or Schutz.
On December 28, when he had been working in the steel drum area for approximately a week, the worker slipped on the walkway on which he was standing and fell onto the conveyor.
He fell onto an area where two different sections of the operational conveyor met, and both his feet and legs became entangled.
The emergency stop button was too far away for the worker to reach, and the conveyor was stopped by a fellow worker. Colleagues had to remove a roller from the conveyor to free him.
He suffered severe foot and leg injuries requiring multiple surgeries and skin grafts.
WorkSafe WA Commissioner Nina Lyhne said today the case highlighted two extremely important safety issues – guarding of machinery and training of workers.
“In this case, the combination of a lack of proper induction, training or instruction, a lack of guarding on the moving conveyor and a slippery walkway created an extremely hazardous situation,” Ms Lyhne said.
“The case is a stark reminder that it is crucial to provide workers with appropriate training for each and every task, especially in a labour hire situation where there is dual responsibility for providing and maintaining a safe workplace.
“I believe there was some confusion as to who was providing training, so this is a lesson in never assuming that training and instruction are being provided when there is a labour hire arrangement.
“Soon after this incident, the company installed multiple emergency stop buttons and erected a physical barrier and guarding and fixed warning signs along the conveyor.
“It was practicable for the company to have made these changes before this incident could happen, which would have spared this worker a great deal of pain and suffering.
“Guarding of the moving parts of machinery is still one of the easiest and most obvious means of minimising the risk of injury to machinery operators, and I strongly urge employers in workplaces with machinery to ensure that it is safe to operate.”
Further information on safe workplaces can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.worksafe.wa.gov.au.