Prosecutions 2006 - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
ALL RIG AUSTRALIA PTY LTD
Date of offence: 21 September 2004
Date of prosecution: 8 June 2006 at Frankston Magistrates’ Court
Magistrate: His Honour Magistrate Crisp
Plea:
Guilty
All Rig Australia Pty Ltd was engaged by another company to provide rigging and
cranage services for the changeover of a compressor motor on the chiller of the
air conditioning system at the Technicolor Pty Ltd factory situated in Braeside.
The chiller was located in the mezzanine plant area of the first level at the rear
of the Technicolor Pty Ltd factory, which was approximately six metres from the
ground. This area had a low concrete parapet wall and sections of steel guard
railing were fitted above the parapet wall in order to provide fall protection.
All Rig Australia Pty Ltd engaged a crane truck to assist with the task of
removing the old motor and installing the new one.
On 21 September 2004, two All Rig Australia Pty Ltd employees arrived at the
Technicolor Pty Ltd site and met with the refrigeration service technician to
discuss the changeover job. The All Rig Australia Pty Ltd employees also met
with the Technicolour Pty Ltd maintenance technician who provided them with
site safety instructions and inducted them into the workplace. All Rig Australia
Pty Ltd provided a Job Safety Analysis (JSA) for the task of changing over the
compressor motor on the chiller unit.
As the works progressed it became apparent that the proposed method
to remove the compressor was not viable. The All Rig Australia Pty Ltd
employees then proceeded to remove a section of the perimeter guard railing
in order to enable clearance for the crane to lift the motor out. The JSA was
not re-assessed.
The All Rig Australia Pty Ltd employees commenced positioning the new
compressor motor into place when an employee of Technicolor Pty Ltd leaned
against a section of the perimeter guard rail which gave way. The Technicolor
Pty Ltd employee fell off the edge of the building onto the roof of a small
shed approximately four metres below. The failed section of guard rail then
dislodged from the supporting stanchion and struck the employee as he fell
onto the roof below.
The injured employee sustained a broken foot as result of the incident.
Breach:
Section 22 of the Occupational Health and
Safety Act 1985.
Result: Without conviction fined $1,000.
ALLBULK LANDSCAPE SUPPLIES PTY LTD
Date of offence: 15 October 2001
Date of prosecution: 24 March 2006 at Shepparton County Court
Judge:
His Honour Judge Shelton
Plea:
Guilty
On 14 October 2001 at approximately 2pm, an Allbulk Landscape Supplies Pty
Ltd employee long haul truck driver commenced what was known at the
company as the ‘Gunbower run’.
At 3pm the following day, on the Murray Valley Highway about 19 kilometres
east of Cobram, the driver entered road works area in which applicable warning
signs were erected reducing the permitted speed to 60km/h. There were 13
stationary vehicles at this point on the highway. The heavy vehicle collided with
the rearmost stationary vehicle.
4 WORKSAFE VICTORIA / PROSECUTIONS 2006