Safe Work NSW recently issued an unprecedented fine to an employer, A1, for their part in an employee’s fatal accident. With the company fined over $2 million and the former director penalized $112,500, these are among the largest recorded fines by the NSW regulator.
A1, a provider of tree removal and pruning services, owned a dangerous piece of equipment – the Bush Bandit Whole Tree Woodchipper Model 2090. Despite numerous safety warnings and recommended operational protocols, A1 failed to ensure proper usage and maintenance of the machine.
Former director Mr Saunders, with 40 years of industry experience, bore the primary responsibility for the company’s work health and safety. However, despite his credentials and warnings from the equipment’s service provider, BTE, Saunders allowed the continued use of the faulty and dangerous woodchipper.
Several safety issues were flagged by BTE over the years, including a broken feed control lever and a defective push paddle. Yet, Saunders repeatedly ignored these warnings. Moreover, A1’s Work Health and Safety (WHS) systems fell short, with no standard operating procedures or safety training for employees. Operators were even advised to hand feed the machine, directly contradicting the manufacturer’s safety warnings.
The consequences of these egregious oversights were fatal. On 7 September 2019, an A1 employee, Mr C, was tragically killed while operating the woodchipper. Justice Strathdee of the District Court labelled the incident an “objectively serious offence” and held Saunders’ actions as “reckless.” Mr C’s lack of experience and adequate supervision compounded the negligence.
This case is a grave reminder that workplace safety must never be compromised. Employers bear the legal and moral responsibility to ensure worker safety, rejecting the misguided ‘it’ll never happen’ mentality. Ensuring a safe working environment requires not only adequate training and clear safety protocols but also a proactive attitude towards addressing known safety issues.
In conclusion, prioritising workplace safety can save lives and prevent legal ramifications. It’s not just about compliance; it’s about valuing the lives and well-being of employees.
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