A building firm with a near-flawless safety record has been fined $270,000 after a man lost half his leg during an accident at the Port Kembla Steelworks.
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David Wormleaton's right leg had to be amputated below the knee after the March 2009 incident, which led to proceedings in the NSW Industrial Relations Commission this week.
Mr Wormleaton had been working on a new sinter cooling plant at BlueScope Steel when a 2.3m by 8.1m steel frame weighing 1.7 tonnes toppled over. He was unaware nuts securing the structure to concrete had been prematurely loosened and removed by other workers before the collapse.
Other workers managed to flee the falling frame but Mr Wormleaton was caught and his right leg crushed.
It was later partially amputated.
Mr Wormleaton also contracted golden staph during his initial treatment, which was passed on to his wife and daughter, according to a victim impact statement.
WorkCover NSW subsequently launched legal action against Thomas and Coffey, a subcontractor on the project which in turn contracted Allstate Cranes and Plant Hire, for whom Mr Wormleaton worked.
Thomas and Coffey pleaded guilty to two charges under the Occupational Health and Safety Act and on Thursday, Justice Anna Backman fined the company $270,000.
WorkCover NSW general manager John Watson said the decision would send a strong message to other businesses that the safety of workers should be their number one priority.
"WorkCover believes that every worker is entitled to go to work and come home safely and we will be working with the company to ensure that the lessons of this incident are learnt for the benefit of all workers," Mr Watson said.
The $270,000 fine was significantly less than it could have been given Thomas and Coffey entered early guilty pleas, had an excellent safety record and quickly altered safety procedures after the incident.
"Thomas and Coffey values safety and continues to improve its safety awareness, systems and processes in the environment in which we operate," the company said yesterday.
Senior representatives of the company also kept in regular contact with Mr Wormleaton during his hospitalisation and rehabilitation and gave him an unconditional cash payment to ensure he and his family were not in any immediate financial stress.
The firm also made a donation to the Amputee Association, a charity chosen by Mr Wormleaton.
Thomas and Coffey was also ordered to pay WorkCover NSW's costs.