News Item
Packaging company forced injured Chinese workers to work
LAKESIDE Packaging pleaded guilty to seven workplace health and safety charges after WorkSafe Victoria prosecuted the company for forcing two Chinese workers to work while suffering from serious injuries.
The charges brought against the packaging provider related to the failure to provide and maintain a safe workplace, failure to properly train and supervise the Chinese workers and failure to provide instruction or interpreters in their native Mandarin.
The workers were working in Australia on section 457 visas and had little understanding of English. This is said to be the first WorkSafe Victoria 457 visa prosecution.
One man’s right forearm was crushed in an unguarded machine as he tried to remove misfed paper on 16 March 2006. This resulted in a two-week stay in hospital. The bone had to be fixed by inserting plates and bolts, and a skin graft was also needed. According to doctors, the arm would need a year to recover, but would never be able to be straightened.
On 5 April 2006, the second Chinese man fell from a ladder when installing an electrical cable, a job which he was unqualified to do. The ladder had been placed on top of a table to reach the roof which was 4.8m above ground level. This is despite a scissor lift being on the premises.
He broke his right wrist and two teeth, but returned to work on 10 April 2006 with his arm in a plaster.
On 30 June 2006, he hurt his other arm using a two-handed drill while building a scaffold, again a task he was unqualified to perform. He was working alone when the drill jammed and kicked back against his left wrist.
The employer told him the job had to be finished on the same day, so the worker had to use his injured right hand and chin to support the drill to finish the job. It was later found his left arm had also been broken.
Ten days later he was summoned back to the company to disassemble a machine, despite his left arm still encased in plaster. He was then given a letter warning him of his job performance.
Returning to hospital because of intense pain, the worker was given three weeks of sick leave. When he returned, with his right arm in a splint and left hand in a plaster, the employer ordered him to do maintenance work on his property, tasks which involved operating a drill and cutting steel.
The worker was later sacked after another bout of sick leave.
The court will sentence the company on 2 July.
source: http://www.safetowork.com.au/articles/Packaging-company-forced-injured-Chinese-workers-to-work_z174525.htm