An engineering company has been fined $187,500 for a workplace accident that left a man partially paralysed.

The Industrial Relations Court fined Downer EDI Works for failing to implement guard railings around a machine that is involved in the preparation of asphalt.

The court found there were also limited safety protocols regarding the cleaning of the machine, the task that the worker was undertaking at the time of the accident in May 2009.

The victim, who had worked for the company for eight years, slipped into the pit during a break in cleaning and was crushed between the incline conveyor belt and drum roller.

He sustained partial tetraplegia, significant brain injuries, broken bones and nerve damage.

In his judgment, Magistrate Michael Ardlie said the incident could have led to death.

“The employee is highly unlikely to be able to work again or to be able to live independently” Mr Ardlie said.

“It is clear, and it was not disputed, that in the circumstances the risk was that the employee could have suffered fatal injuries.”

He added that the company had shown regret and had taken action to ensure proper protection and safe work practices were carried out throughout its Dry Creek plant.

“It went further to ensure that Australia wide all its plant was reviewed to ensure that guarding was adequate” he said.

Downer EDI Works was fined $187,500 and ordered to pay $1000 in costs and levies.

Source: Adelaide Now, 6 Jan 2012

About Rushmore Forensic

Andrew Firth is a forensic accountant who has conducted numerous investigations and other forensic accounting engagements in both Australia and overseas.

He specialises in economic loss calculations, personal injury compensation and other forensic accounting services for commercial disputes.  He is a member of the Institute of Chartered Accountants and has appeared as an Expert Witness in numerous jurisdictions.