Type: PRS
Date of Outcome: 19/07/2017

Outcome:

SKM Services Pty Ltd (the offender) conducted a business of waste recycling at 94 Maffra Street, Coolaroo.The workplace had two items of plant referred to as an aluminum baler and a steel can baler which were used to crush and compact metal waste into a cube. Employees were tasked with strapping the bales outside of the aluminum baler. The risk that employees operating the balers were exposed to was a risk of serious injury from a crushing or shearing injury by working in close proximity to the exit point of the balers. On 24 October 2014, the risk eventuated when an employee was injured in the processes of strapping bales outside the aluminium baler. The offender was charged with failing to provide plant that was, so far as was reasonably practicable, safe and without risks to health with regard to the balers. It was reasonably practicable to reduce the risk to health and safety by using engineering controls in the form of guarding on the discharge point of the balers which prevented access to the danger area. Charge 1 related to the aluminium baler and charge 2 the steel can baler. The offender was also charged with failing to provide safe systems of work associated with the task of external strapping of bales at the workplace (charge 3). The offender was found guilty on 23 June 2017. On 19 July 2017 the offender was convicted on all charges and fined $75,000.00 for charge 1, $25,000.00 for charge 2 and $50,000.00 for charge 3. The offender was also ordered to pay $45,000.00 in costs.

Court: Broadmeadows Magistrates’ Court
Coram: HH Magistrate Aumair
Fine: $150,000.00
Costs: $45,000.00
Published: 22/08/2017
Category: Failure to provide a safe system of work; Unguarded plant; Failure to provide and maintain plant
Appeal: Yes

ISBN-SKM-reasons-for-decision-2017-06.pdf