Crystal Touch Masonry Pty Ltd and Raad Patti have been convicted and fined $75,000 and $60,000, respectively, in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 24 March 2023 involving a risk of workers being exposed to respirable crystalline silica.
Crystal Touch Masonry plead guilty to an offence pursuant to section 33 of the Work Health and Safety Act 2011 for failing to comply with its health and safety duty as required under section 19(1) of the Act.
Mr Patti, who was the sole director of the company, pleaded guilty to an offence pursuant to section 33 of the Work Health and Safety Act 2011 for failing to comply with his duty as an officer of a business under section 27(1) of the Act.
The full judgments against Crystal Touch Masonry and Raad Patti are published on the NSW Caselaw website.
Crystal Touch Masonry and Mr Patti have the right to appeal against their sentences.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW on 13 10 50 or through the Speak up Save lives website.
Business owners and workers can access a range of resources to help manage the risks of working with respirable crystalline silica on the SafeWork NSW website.
Since 1 October last year, businesses are legally required to register all workers engaged in high-risk processing of crystalline silica substances, such as cutting, drilling, grinding or polishing.
Details on the silica worker register are on the SafeWork NSW website.
Acting SafeWork Commissioner Petrina Casey said:
"Workers who undertake high-risk processing of crystalline silica substances may be exposed to respirable crystalline silica dust, which can cause serious health issues, such as silicosis and lung cancer.
"Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the risks of exposure to respirable crystalline silica dust.
"SafeWork NSW reminds all businesses of their duty to ensure their workplaces are safe for employees and contractors."
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