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Failure to seek first aid for injured worker ‘outrageous’



A Melbourne magistrate has described the failure of a Cheltenham company to seek first aid for a worker who hit his head and later died as ‘outrageous’.

Metal products manufacturer Pressfast Industries Pty Ltd was convicted and fined last week after a 2008 incident where a worker fell over and hit his head on concrete after being struck by a forklift.

The 60 year-old man was later found unconscious at work and died in hospital two days later.

“There was no qualified first aider on site, and the company failed to call an ambulance or seek first aid for the worker,” WorkSafe Victoria’s Strategic Programs Director Trevor Martin said.

“The only staff member with first aid training was certified in 1984, and wasn’t alerted until it was too late,” he said.

In handing down his sentence, Magistrate Andrew Capell referred to the company’s decision not to seek help from the first aider, despite the expired certificate, as ‘outrageous’.

Following the incident, WorkSafe issued charges against Pressfast under the Occupational Health and Safety Act 2004.

Pressfast was convicted of two charges and fined a total of $163,500.

The court agreed for the third charge to be dealt with through an Adverse Publicity Order – requiring Pressfast to pay for a series of newspaper advertisements publicising the situation and health and safety tips from WorkSafe.

“This incident really brings home the importance of workplaces having a trained first aider on site at all times,” Mr Martin said.

“In this case, Pressfast didn’t have a plan in place for dealing with first aid situations.

“Requiring Pressfast to publicise this through newspaper advertisements will alert other companies to make sure first aid is a priority in their workplace.

“Employees need to be given information and instruction, such as the location of kits, the names of officers and procedures to be followed when first aid is required.

“If in doubt that the situation qualifies as an emergency, always call triple zero. The people who take your call are trained to help you,” Mr Martin said.

Pressfast director Gunther Mayr was also fined $20,000 without conviction, for failing to provide and maintain a safe working environment for employees.

 

Particulars of charges

Pressfast Industries Pty Ltd:

Count 1: s.21(1) & (2)(a) of the Occupational Health and Safety Act 2004

Count 2: s.21(1) & (2)(a) of the Occupational Health and Safety Act 2004

Count 4: s.21(1) & (2)(d) of the Occupational Health and Safety Act 2004

(Note counts 3 and 5 were withdrawn because they relate to the same facts as count 1 and 2).

 

Director: 

Count 1: s.21(1) & (2)(a) and 144 Occupational Health and Safety Act 2004

 

For more information on improving workplace safety call WorkSafe’s Advisory Service on 1800 136 089 or go to www.worksafe.vic.gov.au 

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