Penalties imposed under Western Australia’s Occupational Safety and Health Act 1984 (Act) have been kicked up a notch with the Perth Magistrates Court recently fining a company and its director more than double the previous record. In setting this new high water mark, the Court has sent a clear message that failing to ensure a safe workplace will likely result in substantial penalties for both companies and individuals.… Continue Reading
Well known organisations that are convicted for work health and safety offences may face higher fines, following a recent decision of the New South Wales Court of Criminal Appeal.
Tho Services Limited pleaded guilty to three breaches of section 19 of the Work Health and Safety Act 2011 (NSW), after a work experience student sustained permanent eye damage while performing welding tasks without wearing appropriate eye protection.
The New South Wales Court of Criminal Appeal fined Tho Services $240,000. In doing so, it overturned an earlier decision of the New South Wales District Court, that Tho Services only be required … Continue Reading
In, Ontario (Labour) v. Flex-N-Gate Canada Company, 2014 ONCA 53, an employer was fined $50,000 after an employee badly injured her foot and the employer was found to have breached two provisions of the Ontario Occupational Health and Safety Act (OHSA), R.S.O 1990, c, O.1.
This decision was an appeal, in part, from the Ontario Court of Justice dealing with mitigating factors on sentencing and a court’s jurisdiction to impose concurrent fines.
The employer was an automobile parts manufacturer in Ontario. The incident in question occurred when the employees, following standards procedure, were working arounf a forklift. The … Continue Reading