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ARTICLE · 21 AUGUST 2009

Increased Penalties For Subsequent Offenders

Subsequent occupational health and safety (OHS) offences are more likely to result in a conviction being recorded and higher fines being imposed against obligation holders.

AustraliaEmployment and HR

In April 2009, the SAIRC in Hillman v Paperlinx Australia Pty Ltd [2009] SAIRC 31 convicted and fined an employer for failing to ensure that an employee was safe from injury and risks to health while at work, in breach of section 19(1) Occupational Health and Welfare Act 1986 (SA) (OHW Act). The defendant, Paperlinx Australia Pty Ltd (Paperlinx), carried on business as a stationery products manufacturer.

An employee of Paperlinx, Mark Barton (Barton), was injured when his right hand became trapped between two unguarded rollers in a printing machine which were 15 to 20mm apart. The injury occurred when Barton was attempting to remove twisted paper from the rollers while the machine continued to operate at normal running speed. Barton suffered a crush and degloving injury to his dominant right hand as a result of the incident. The charge was based upon two failures by Paperlinx: firstly, a failure to provide plant in a safe condition and secondly, a failure to provide

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