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:
2 March 2018
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:
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.