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Federal Court finds John Holland breached safety laws

Media release

- 20 Jul 2009

Today, Justice Barker of the Federal Court declared that John Holland Rail Pty Ltd (John Holland Rail) contravened the Occupational Health and Safety Act 1991 (the Act) in relation to a serious personal injury sustained by an employee on 15 November 2007. This judgement was the result of legal proceedings initiated by Comcare.

The employee was attempting to refuel a friction saw being used in rail track maintenance when the fuel ignited. As a result, the employee sustained second degree burns to 20 per cent of his body.

Justice Barker determined that John Holland Rail contravened section 16(1) of the Act by failing to take all reasonably practicable steps to protect the health and safety at work of its employees.

John Holland Rail was ordered to pay a civil penalty of $124,960 for the breach and to pay Comcare’s legal costs.

“The Court’s findings draw attention to the consequences of poor occupational health and safety practices,” said Steve Kibble, Acting CEO of Comcare.

- Ends -

Media enquiries:
Elizabeth Mail
National Media Manager
Ph: 1300 366 979
Email: media@comcare.gov.au

Media Release - Federal Court finds John Holland breached safety laws [pdf version]