Event and Time
Event Description
- Incident occurred during the operation of a Wallbank Power Press at Bullock MFG Pty Limited on 31 August 2017.
- Mr Daniel William, an employee hired through Assign Blue Pty Ltd, operated the Press without adequate training or supervision, which led to serious injuries.
Application and Claims
- Bullock MFG Pty Limited was charged under work health and safety laws for failing to ensure the health and safety of its workers.
- The prosecution argued there was a significant risk of death or serious injury due to inadequate safety training, lack of supervision, and poorly maintained equipment (specifically the die press).
Judicial Decisions
1. Conviction: Bullock MFG Pty Limited was found guilty. 2. Sentencing: An initial fine of $220,000 was assessed but reduced by 25% due to a guilty plea, resulting in a final fine of $165,000. 3. Cost Orders: Additionally, Bullock MFG Pty Limited was ordered to pay prosecution costs of $36,106.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Claims:
- Inadequate training and formal induction for Mr William regarding the operation of the Press. - Absence of a functioning press guard. - Failure to inform Mr William about risks associated with the Press. - Limited supervision during operation.
- Defendant's Argument (Bullock MFG Pty Limited):
- Acknowledgment of guilty plea. - Emphasis on Mr William's experience and how he was semi-supervised during operation. - Potential argument on sharing liability with Assign Blue for hiring untrained workers.
- Key Evidence:
- Victim impact statements illustrating the severity of Mr William’s injuries. - Expert testimonies regarding machinery safety and operational guidelines. - Documentation regarding training or lack thereof for the operational use of the Press.