TOUGHER PENALTIES NEEDED FOR WORKPLACE DEATHS

26 June 2009

SA Unions says a relative "slap on the wrist" for a company responsible for the workplace death of an 18 year old apprentice strengthens its call for tougher, nationally consistent penalties.

The Industrial Court has fined Diemould Tooling $73,000 for the 2003 death of Daniel Madeley, who died after being dragged into machinery at the company's Edwardstown factory.

The maximum penalty the court could consider was $100,000 because the accident occurred before amendments which increased the maximum to $300,000.

SA Unions Secretary, Janet Giles says South Australia's laws nevertheless remain inadequate.

"The level of penalty for a company that was so obviously guilty and fought for 5 years to try to avoid the consequences shows just how urgently we require nationally consistent laws."

"If this case was heard in New South Wales, the penalty would have been far higher and it would have sent a real message to companies out there that safety is an issue that must be taken seriously."

"There is no incentive for employers to do the right thing.  These laws need to be as much about prevention as for penalty, and unless penalties are significant enough to make employers think twice about compromising on safety standards, then needless deaths and injuries will continue."

"We agree with Daniel's mother Andrea that this penalty was grossly inadequate."

"Our heart goes out to Andrea Madeley and we will continue to support her in her case for civil damages", Ms Giles says.