Prosecutions 2006 - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
GEOFFREY THOMPSON AND GROWERS CO-OPERATIVE COMPANY
PROPRIETARY LIMITED
Date of offence: 25 May 2004
Date of prosecution: 3 April 2006 at Shepparton Magistrates’ Court
Magistrate: His Honour Magistrate Couzens
Plea:
Guilty
Geoffrey Thompson Fruit Packing Company Pty Ltd conducts a fruit
manufacturing and packing business in Shepparton. The company leased its
land, plant and equipment (including an apple dump and apple grader) from
Geoffrey Thompson Holdings Ltd.
Geoffrey Thompson and Growers Co-operative Co Pty Ltd employed and
administered staff and provided labour services to the Geoffrey Thompson
Fruit Packing Company Pty Ltd.
Geoffrey Thompson and Growers Co-operative Co Pty Ltd and its direct
employees were deemed employees of Geoffrey Thompson Fruit Packing
Company Pty Ltd under section 21(3) of the Occupational Health and
Safety 1985.
On 25 May 2004 at the premises of Geoffrey Thompson Fruit Packing Company
Pty Ltd, an employee was undertaking a chlorination water test in the apple tank
using litmus strips. Prior to undertaking the water test, the employee observed
that there were no apples in the water tank, the apple bin dump was in the
raised position and the apple line was not operating. When the employee
inserted the litmus strip into the water tank she heard clicking noises and
realised that the plant was operational. The apple bin dump cradle moved in the
descending position before the employee could remove her right hand and arm
from the water tank. The area of entrapment was not guarded to deny bodily
access to its dangerous parts.
The employee’s right arm and hand were caught between the lowering moving
cradle and the edge of the water tank.
The injured employee was transported by ambulance to St Vincent’s Hospital
at Melbourne where she received treatment for her injuries including
reconstructive surgery and electric shock therapy. The injured employee
sustained a de-gloving injury below her elbow and underwent numerous
operations on her arm. As at November 2004, she had not returned to work.
Breach:
Sections 21(1) & (2)(a) of Occupational Health
and Safety Act 1985.
Result: Convicted and fined $22,500.
GEOFFREY THOMPSON FRUIT PACKING COMPANY PTY LTD
Date of offence: 25 May 2004
Date of prosecution: 3 April 2006 at Shepparton Magistrates’ Court
Magistrate: His Honour Magistrate Couzens
Plea:
Guilty
Geoffrey Thompson Fruit Packing Company Pty Ltd conducts a fruit
manufacturing and packing business in Shepparton. The company leased its
land, plant and equipment (including an apple dump and apple grader) from
Geoffrey Thompson Holdings Ltd.
Geoffrey Thompson and Growers Co-operative Co Pty Ltd employed and
administered staff and provided labour services to the Geoffrey Thompson
Fruit Packing Company Pty Ltd.
24 WORKSAFE VICTORIA / PROSECUTIONS 2006