Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
GRAHAM BICKERSTAFF
Date of alleged offence: 22 October 2003
Date of prosecution:
Magistrate:
Plea:
24 October 2005 at Melbourne Magistrates’ Court
His Honour Magistrate Rozencwajg
Not guilty
Kane Constructions Pty Ltd was contracted by Mincof Pty Ltd to demolish and reconstruct
a number of buildings at a car dealership in Dandenong. Kane Constructions Pty Ltd obtained
the services of another company to demolish the existing buildings. This company subsequently
sub-contracted out the removal of the asbestos that existed at the premises to Dynamic
Industries Pty Ltd.
Prior to the demolition process commencing, a planning meeting was arranged to ensure that the
asbestos removal was performed in a safe manner. Two WorkSafe inspectors attended the meeting.
During the meeting, in addition to asbestos removal concerns, the inspectors gave directions
that prior to any work being carried out, the integrity of the safety mesh that had previously been
installed under the asbestos sheeting in the roof needed to be assessed.
A roofing company assessed the mesh and found it was unable to guarantee the safety of the
mesh. Kane Constructions Pty Ltd issued a ‘site notice’ stating that all work for the removal of the
sheeting was to take place from below the roof.
Dynamic Industries Pty Ltd nominated two supervisors, Andrew Irvine and Paul Cini, for the
asbestos removal at the worksite.
Kane Constructions Pty Ltd nominated Graham Bickerstaff to be the site supervisor. This
position gave him responsibility on site to ensure that safe work practices were being followed by
the sub-contractors.
Prior to Dynamic Industries Pty Ltd employees gaining access to the roof area, much of the safety
mesh had been removed to enable the asbestos roof sheets to be removed from below.
On 22 October 2003, a Dynamic Industries Pty Ltd employee gained access to the roof, moved
across the roof and fell approximately seven metres through the fragile asbestos sheeting.
The employee sustained serious injuries and died on the way to hospital.
Breach: Sections 25 (1)(a) & (2)(b) of the Occupational Health and Safety Act 1985.
Result: Charges dismissed.
PROSECUTIONS 2005
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