U.S. Department of Labor can (and do) carry out legal prosecutions through the courts against individuals, employers or businesses who have broken Occupational Safety and Health (OSH)  laws or workers compensation legislation.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

11 May 2018

Jarrad MacGillvary Pty Ltd and Callan MacGillvary Pty Ltd

Campbell v Jarrad MacGillvary Pty Ltd and Callan MacGillvary Pty Ltd

Jarrad MacGillvary Pty Ltd and Callan MacGillvary Pty Ltd were convicted and fined $105,000 each after pleading guilty to a breach of s32 (as read with s19) of the Work Health and Safety Act 2012 (SA). Compensation totalling $50,000 (5 x $10,000) was ordered to be paid to the worker’s family. On 9 August 2016, a 17 year old carpentry apprentice was killed when a 13 metre section of propped timber framing fell over striking the worker in the head and chest causing fatal crush injuries.

The defendants failed to ensure to that their workers used a system of work which minimised the risk of timber framework falling by:

• requiring all props used as temporary bracing to be nail-fixed at the top of a stud or top plate of the wall frame; and
• adequately secured at the base to the slab, the ground or some other immovable object.

2 March 2018

Laszlo Bajtek

Soulio v Laszlo Bajtek

Laszlo Bajtek was convicted after pleading guilty to sections 19 and 32 of the Work Health and Safety Act 2012 (SA). The charges relate to a workplace incident which occurred on the 1 June 2015 when a worker was seriously injured by a moving forklift.

The defendant failed to:

• comply with his health and safety duty prescribed by s19 (1) of the Act because he failed to ensure, so far as was reasonably practicable, the provision and maintenance of a safe system of work in relation to the task which minimised the risk [of] pedestrians coming into contact with a moving forklift in the area at the site where the task was performed, being an adequate traffic management system which prohibited the use of forklifts in the area where the task was performed.
• comply with his health and safety duty prescribed by s19(1) of the Act because he failed to ensure, so far as was reasonably practicable, the provision of information, training and instruction or supervision that was necessary to protect the worker from risks to his health and safety arising from the performance of the task at the site.

Given the defendants inability to pay, Magistrate Ardlie proceeded under the provisions of s13 of the Criminal Law (Sentencing) Act 1988.

The penalty imposed if the defendant was in a position to pay is $120,000 reduced by 20% to $96,000 for the guilty plea.