Case Studies

WHS Due Diligence for CEOs, Directors and Managers – NSW edition

Case Studies
(No video for this topic)

 

 

1) Failing to act on safety information (2016)

Business type :
A warehousing business with many branches in NSW, supplying machine parts.

Incident :
A roller door failed and came crashing down to the floor. (no injuries)

Action taken :
The Director of this branch sent a safety alert to all other branches.

Action taken by a local branch:
The Director of the local branch said he had put this notice up on the notice board.

Were his actions reasonable and practicable?
No.
Has he met his Due Diligence?
No.
What could he have done?
Take roller door out of action until confirmed safe, inspect his roller door by a competent person, inform workers using a variety of communication strategies.

2) Unsafe use of chemicals (2018)

Business :
Chemical company

Incident :
Workers overcome by chemical fumes while working inside a pontoon using thinners.  No training provided to workers, Procedures did not make reference to the safe use of thinners.  No training in Safety Data Sheet requirements. 
A permit was issued but was not job specific.  The permit wrongly identified the workers were trained.  Worker was given malfunctioning respirator.

Outcome
The company pleaded guilty and was fined $45,000. + prosecutors cost $26,500.

3) Manual handling (2016)

Business :
Auctioneers

Incident :
One worker killed and another seriously injured when moving a cabinet from the back of a truck onto the tynes of a forklift.  Workers lost control of the cabinet and were struck as it fell.

Outcome
Company fined $225,000

4) Fall (2016)

Business :
Romanous Contractors

Incident :
Bricklayer killed when falling PC5 metres through an unguarded penetration on a construction site.

Outcome
Company fined $425,000.  Director (Mr Romanous) fined $85,000.