The fine of $350,000 for a breach of section 8 (1) of the Occupational Health & Safety Act 2000 is one of the largest ever penalties imposed on a company for a single charge.  The company was also convicted of a second charge for breach of section 8 (2) of the Act and fined $250,000. The total penalty imposed was $600,000.

Ullrich Aluminium produces a range of aluminium products for marine, industrial, commercial and domestic uses and has a large storage facility in Mayfield West, Newcastle.

On 3 September 2007, a 27-year-old employee of Ullrich Aluminium Pty Ltd was working between bulk storage racks when around 8 to 10 cases of alumina products, weighing approximately one tonne, fell on him.

The products fell while they were being repositioned by a second worker using a crane.

WorkCover informed the court this was the second time a worker from Ullrich had died due to unsafe work practices, which had a bearing on the size of penalty.

In December 1998 Ullrich, trading as Ullrich Noyes Metals was convicted of offences arising from the death of Darren Gascoigne at its Smithfield plant in Western Sydney in 1996.

The WorkCover investigation found that the company had failed to:
• Ensure the bulk storage racks used by workers were safe.
• Carry out a site specific risk assessment identifying the possibility of collapse of the containers.
• Address the risks it knew existed including the unstable containers and the possibility of collapse.
• Provide appropriate safe systems of work including proper information and training to employees about operating the crane and entering the bulk storage racks.

WorkCover NSW’s General Manager of the Work Health and Safety Division John Watson said the risks to the employee’s safety were entirely foreseeable and the incident was preventable and should never have happened.

“The incident has had a devastating impact on the deceased worker’s family, and the fine goes some way to highlighting the seriousness of the offences,” Mr Watson said.

“The risk of harm that existed in this instance was known to the defendant from the previous incident that occurred. The steps that should have been taken to ensure safety were not taken.

“This is a sad reminder of the need to maintain proper safety protocols. This company did not do this and a young man was fatally injured.

“Workcover will seek to work with the company to ensure that the lessons from this incident are learnt and real cultural change occurs in the business,” Mr Watson said.

Charges against the Director of this company, Mr Gilbert Ullrich are still before the Court.