A tyre wholesaler in Malaga has been fined $70,000 after admitting to an unsafe work environment.
A tyre wholesaler in Malaga has been fined $70,000 after admitting to an unsafe work environment.
Townsend International Tyres, registered as Vannevar Pty Ltd, appeared in the Perth Magistrates Court on September 22, where the company and its manager were fined $50,000 and $20,000, respectively.
Manager Morrie Bursztyn was fined separately on the basis that the offence occurred with his consent or involvement. He pleaded guilty to the charge.
Charges were related to the method used for retrieving tyres off a three-level racking system, with the third level being nearly 4 metres high.
To retrieve tyres from upper levels, a Townsend worker would drive a forklift while another worker would stand either on a pallet sitting on the forklift extension tines or directly on the tines themselves, the court heard.
Falling onto the concrete floor could have resulted in serious injury or death, WorkSafe said.
After receiving a complaint at the beginning of 2017, a WorkSafe inspector visited the Malaga site and subsequently issued a prohibition notice that banned workers from standing on the forklift tines to access tyres.
Mr Bursztyn received the notice but did not display it as required, WorkSafe said.
A WorkSafe inspector later spoke with several employees, who confirmed they were still instructed to use the forklift tines to reach tyres.
Another prohibition notice was issued in 2018, and workers were instructed to stop using the forklift tines to retrieve tyres.
Townsend also removed the third level of racking and reduced the rack height from 3.7 metres to 1.8 metres, as well as purchased a portable platform to access the second level.
These measures were low cost and easy to implement, WorkSafe commissioner Darren Kavanagh said.
He warned companies must immediately comply with prohibition notices.
“A prohibition notice requires an employer to cease a hazardous work practice and not restart work until a safe procedure has been put into place – and employees must be informed of this by display of the notice,” he said.
“Mr Bursztyn not only chose to ignore the direction he had been given, but played an active role in directing employees to perform work unsafely.
“Despite his actual knowledge of the fall hazard and WorkSafe expressly prohibiting the unsafe system of work, Mr Bursztyn continued requiring the hazardous work to be done.
“It’s fortunate that no worker had a fall in this workplace and good to know that WorkSafe’s intervention at the workplace may have prevented a death or serious injury.”
Mr Kavanagh said an alternative measure to the steps taken by Townsend would be to use a man cage on the forklift tines, which would cost about $1,000.
He said falls from height were a major concern at WA workplaces, and a priority area for WorkSafe.
