Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 3
BLAXLAND PACIFIC PTY LTD
Date of offence: 9 March 2004
Date of prosecution:
Magistrate:
Plea:
16 November 2005 at Melbourne Magistrates’ Court
His Honour Magistrate Rozencwajg
Guilty
Blaxland Pacific Pty Ltd was engaged by Yarra Valley Water to construct water mains pipeline
in Bundoora.
On 9 March 2004, an employee of Blaxland Pty Ltd was air pressure testing a mains water pipe
when a 70 kilogram metal end plate blew off.
Yarra Valley Water and Blaxland Pacific Pty Ltd failed to provide and maintain systems of work
that were so far as was practicable safe and without risks to health, by not conducting hydrostatic
testing of the water mains in accordance with relevant Australian Standards.
An employee died from severe head injuries and a second employee, who was nearby at the time of
the incident, also sustained injuries.
Michael Doherty, a director of Blaxland Pty Ltd, had employed a contract plumber for the works
and instructed him on how to set up the end cap on the pipe and how to set up the bracing ready for
testing. Michael Doherty checked the packing and confirmed it was alright for testing on the day of
the incident.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Committed to stand trial in County Court.
BEKAERT (AUSTRALIA) PTY LTD
Date of offence: 10 April 2003
Date of prosecution:
Magistrate:
Plea:
9 April 2005 at Melbourne Magistrates’ Court
Her Honour Magistrate Patrick
Not guilty
On 10 April 2003, an employee of Bekaert (Australia) Pty Ltd was operating a stenter machine.
The employee was inspecting the creases on the fabric inside the machine when his hand became
caught in an in-running nib point. The machine, at that point, was not guarded.
The injured employee sustained a broken arm which required a plate to be inserted.
Breach: Sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Committed to stand trial in County Court.
110PROSECUTIONS 2005