The recent case example of Farrell v Port Augusta Steel Centre Pty Ltd & Ors [2022] SAET 172 (22 December 2022) demonstrates the importance of identifying risks in a workplace and managing them. Employers have a duty to ensure all potential risks are identified, managed and mitigated.
Port Augusta Steel was fined $134,000 and its two directors were fined $33,000 each for failing to comply with basic work, health and safety obligations after an apprentice was injured when a structure collapsed and 1.2 tonnes of steel sheets fell on him. The employee sustained a broken leg and soft tissue injuries.
The storage rack holding the sheets was rusted, there was no procedure in place to have it regularly inspected, the rack’s safe working load was unknown and there were no formal instructions for the task. The director believed that each racking slot should hold no more than 6 sheets of steel, but no one was informed of this and the apprentice was instructed by his supervisor that each slot could hold 30 sheets.
It was held the business breached s 32 of the Work Health and Safety Act 2012 in failing to comply with its primary duty of care and exposing an individual to a risk of serious injury. The directors breached s 27 in failing to exercise due diligence in ensuring the business complied with its safety obligations.
The directors argued they lacked the expertise and knowledge to complete a risk assessment of the structure. Deputy President Lieschke responded, “in this case, an expert was not needed to identify the absence of any weight limit and the failure to periodically inspect the frame's welds as hazards that could cause injury."
In response to the incident and SafeWork SA’s compliance notices, the business hired an engineer to design an appropriate steel storage rack to be created. The directors also undertook a work, health and safety management training course.
In the automotive industry, there are many potential risks to safety with the type of machinery, chemicals and equipment involved. Employers have little defence based on lack of expertise as it does not take an expert to identify basic hazards and professionals can be hired to assess risks in a workplace.
For work, health and safety advice or training, WHS audits, evacuation maps, or any other assistance in this area, please contact the MTA Workplace Relations Team on 8291 2000, or at wr@mtasant.com.au.