Worker who intentionally breached safety rules was fairly dismissed

[Dave Whitefield]

Basically, a worker operating a "dehacker" machine, which unloads and breaks down packaged bricks, repeatedly breached safety rules around accessing the machine to clear blockages without properly isolating the machine.

In April 2011, The worker was issued with a warning after being seen reaching into the machine, without locking out or tagging out (LOTO), to grab sample bricks. At the time he told the manager that was the way he always did it because there wasn't much risk.

10 months later a co-worker complained about the workers failure to use LOTO, and during a subsequent meeting the worker admitted to "forgetting" to use LOTO up to 5 times a shift. He had also been seen squeezing through another part of the machine into a hazardous area.

He was investigated and dismissed. The workers claimed unfair dismissal, essentially saying that he had been pressured to admit he broke the rules, and that he never admitted to doing it 5 times a day.  It was also raised then that the worker had in fact been trained on 4 separate occasions on the use of the LOTO process at the plant.

The commissioner agreed that the process and reason was reasonable.

"I am satisfied that the [worker] repeatedly and deliberately breached [Boral's] safety procedures," he said. 

"He did this after having received training about those procedures and a clear warning in the preceding 12 months about similar conduct... This constitutes a valid reason for dismissal." 

Deputy President Hamberger said although the worker's actions might "well have been motivated by a desire to do a good job", this had to be "balanced against the critical importance of occupational health and safety". 

"[Boral] had repeatedly emphasised the importance placed on its employees complying with OHS procedures," he said. 

Joss v Boral Bricks Pty Ltd [2012] FWA 8203 (11 October 2012)

Cheers

Safety Dave

0412 782 191