Inspector Pamela Estreich v One Steel Coil Coaters Pty Limited

One Steel Coil Coaters Pty Limited was charged with an offence under section 27 of the Occupational Health and Safety Act 2004 (Vic). The company was sentenced in the County Court of Victoria after a worker suffered an injury so severe it resulted in the amputation of the worker’s arm. The injured worker was cleaning the turnaround steel rollers of a machine when he was pulled into the rollers. The incident occurred despite the interlock trip bar being in place, which should have stopped the machine from operating. The court had to determine the appropriate sentence for the company, taking into account the objective factors and mitigating circumstances.

The primary legal issue before the court was to determine the appropriate penalty for the company considering the serious nature of the injury, the mitigating factors presented, and the aggravating factors that contributed to the incident. The court needed to balance the severity of the injury against the mitigating factors such as the company’s cooperation with the injured worker and the steps taken post-incident. Furthermore, the court had to consider the objective factors, including the risk posed to the worker, the unsafe practices that led to the injury, and the role of the interlock trip bar and the emergency stop pull wire in the incident.

In delivering its judgment, the County Court of Victoria considered the severity of the injury, the mitigating factors presented by the company, and the objective factors of the case. The court recognised the serious nature of the injury but also noted the company’s admission of guilt and their efforts to assist the injured worker. The court held that the interlock trip bar was not functioning properly, and the emergency stop pull wire was not accessible, which were critical failings. Despite these failings, the court found that the company had taken steps to rectify the issues post-incident, which was a mitigating factor. The court ultimately decided that the appropriate sentence for the company was a fine of $250,000 and ordered the company to implement additional safety measures to prevent future incidents.

The court further ordered that One Steel Coil Coaters Pty Limited was to take specific steps to enhance safety, including installing additional safety guards, conducting regular maintenance checks, and providing additional training to employees on safety protocols. The company was also directed to develop and implement a comprehensive safety management system to ensure ongoing compliance with occupational health and safety standards. These orders aimed to ensure that the company not only compensated for the past incident but also took proactive measures to prevent similar incidents in the future.