A South Australian company has been convicted and fined $59,500 plus costs, after pleading guilty to a breach of s19(1) of the Occupational Health, Safety and Welfare Act 1986. On 26 July 2012 a 29-year-old employee sustained injuries to both arms when he fell from a 2.6- metre-high diesel tank upon which he was performing work.

The employee was asked to remove the platform and ladder attached to the tank. During the process the employee accidentally stepped onto the platform causing it to tip. The employee fell to the ground.

The magistrate found that the defendant failed to:

• Conduct an adequate risk assessment and hazard identification on the task of dismantling the diesel tank, in particular, one which would identify the risk of a fall from height arising from the removal of the platform and ladder;
• Comply with section 10 of the defendant’s Safety Manual concerning working at heights, in particular the requirement to use a work platform for all work above 1800mm;
• Provide reasonable protection against a fall by the provision of a safe working platform such as a personnel cage mounted on a forklift; and
• Provide the employee with proper information, instruction and training in relation to safe working at heights.

Reference: Perry v PJ & T Motors Pty Ltd [2014] SAIRC 3