O valor de indenizações em diferentes locais do mundo suscita debates. Em que situações podem efetivamente ter efeitos não apenas punitivos, mas também pedagógicos e de efetivo estímulo à prevenção.
A notícia destaca que o fato implicava em desrespeito à lei e era previsível.
Source: WorkSafe Victoria's Prosecution Result Summaries and Enforceable Undertakings page.
SA: Unguarded machine costs Gambier Earth Movers $111,000
Gambier Earth Movers were found guilty of failing to comply with providing a primary duty of care and for failing to comply with their health and safety duty under the Work Health and Safety Act 2012 (SA), thereby exposing an individual to a risk of death or serious injury or illness. The 24 March prosecution and $111,000 fine (plus court fees) followed an incident on 16 October 2013, where a male worker operating a soil screening plant tripped and caught his right arm in an unguarded tail drum. The injury resulted in the worker having his arm amputated from the shoulder after being placed into an induced coma and airlifted to the Royal Adelaide Hospital for the life-saving treatment.
"This offence is an extremely serious breach of basic workplace safety laws, and was entirely foreseeable," said Magistrate Leischke. The initial fine of $185,000 was reduced in recognition of the employer's early guilty plea and the gesture of a partial reparation made to the injured worker.
"This incident which could have cost a man his life was preventable," said SafeWork SA Executive Director, Ms Marie Boland. "This case should serve as a reminder that breaches of the state's work health and safety laws come with severe penalties, not to mention the significant human and community costs of a serious injury like this one," she said.
Source: SafeWork SA Media release [pdf]
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