Macquarie Network ::: 2GB | 2CH | LIVENEWS | STREET CORNER | RUGBYLEAGUELIVE | WHAT CAREER | AMAZING AUSTRALIANS :::
Tuesday, 02 December 2008

Fosters fined $1m over worker's death

5/08/2008 10:51:01 AM.  | 

A judge has accused brewing giant Foster's of putting profit before lives after fining the company a record $1.125 million over the death of a worker at its Melbourne brewery.

Machine operator Cuu Huynh, 58, died after his head was jammed in a bottling machine at the company's Abbotsford brewery in 2006.

Mr Huynh's head became jammed between an automated door on the machine and a railing at the brewery in a repeat of a similar incident in which another worker was injured several years earlier.

In sentencing Foster's on Tuesday, Victorian County Court Judge Jane Campton said after the first worker was injured the company should have anticipated the risk of another accident.

Instead, she said Foster's put profit before people's lives and delayed fixing the machine until after Mr Huynh's death.

"Obviously no fine imposed by this court will compensate for the family's loss, but hopefully this case will reinforce the need for safety in the workplace," Judge Campton said.

"It was clear from the victim impact statements that he was a caring and loving father who made sacrifices to ensure that his children had a good education."

The fine is the largest for a single workplace death in Victorian history.

Only Esso has been fined a larger amount - $2 million over the Longford gas explosion in 1998 which killed two workers and injured eight.

Judge Campton noted Mr Huynh would not be there to give his daughter Allison away on her wedding day or celebrate her university graduation.

Sitting in court with her two sons and one daughter, Mr Huynh's widow Thay wept as details of the case were described to her via an interpreter.

The family made no comment as they left court.

Outside court, the general manager of Foster's Abbotsford plant Michael Stoneman said the company would do everything in its power to ensure a similar tragedy did not occur.

"I would just like to say at Foster's we are shocked and saddened by this terrible tragedy," Mr Stoneman said.

"Our heart goes out to Cuu's family, they have lost a husband, they have lost a father and our workmates have lost a very respected member of Abbotsford workforce."

John Merritt, executive director of health and safety at WorkSafe Victoria, said the record fine was justified.

"This problem was known and it wasn't fixed until a man died, that is what makes this case so serious," Mr Merritt said.

Mr Huynh's workmate Dominic Fountain described him as a fantastic, hard-working man.

"The effect has been devastating - a man goes to work and he doesn't come home," Mr Fountain said.

"His fellow workmates found him, they tried to resuscitate him and it couldn't be done.

"We knew about the problems and nothing was done."

Foster's Australia Limited pleaded guilty to failing to maintain a safe workplace and failing to adequately train staff.

They were fined $562,500 on each count.

Had they pleaded not guilty the fines would have totalled $1.5 million, Judge Campton said.

YOUR SAY




 


 

500 characters maximum. 500 characters left.


 

* Required field

 
Register to receive daily news and sports details

YOUR SAY

IMHO, the whole lot of them carry on like a group of Bitchy cats...A very sad predicamentfor our pollitics and a very shamefull display to... Nick Again, Maryborough on Julie Bishop defends Question Time 'clawing'

susan women are looking at the ceiling wondering when their husband is going to get around to painting it. or working out the shopping list.... Belinda Hummie, New lambton on Giant orgasm planned for late December

Andy Shaver, Wes doing a country album are you for real ?.Wes does and sings what Sony BMG says. He may have the versatility to... S lick, WA on Hit or miss? Media confusion over Wes Carr single sales

Typical Union crap..." stand over boys". Now Russ Colleson, Dont be hard on the KRUDD man, he's doing Exactly what he said he would....destroy... Nick Again, Maryborough on Building workers demand end of watchdog

So, Tom and Katie get to be sisters?... Gleg Muckmellow, Metropolis on Bizarre ceremony set to merge Cruise and Beckham