Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 4
A.B. OXFORD COLD STORAGE PTY LTD
Date of offence: 29 December 1999
Date of appeal:
Justices:
Plea:
20 April 2005 (appeal hearing) and 11 May 2005 (judgement delivered) at
Supreme Court of Victoria, Court of Appeal, Civil Division
The Honourable Mr Justice Callaway, The Honourable Justice Nettle, JJ.A
and The Honourable Justice Byrne, A.J.A.
No plea
On 9 December 2002, A.B. Oxford Cold Storage Pty Ltd was convicted and fined $50,000 for
offences involving employees who were overcome by the carbon monoxide fumes emitted by a
forklift in the freezer in which the employees were working. The employees were not provided with
first aid facilities, treatment or the offer of transport home.
On 2 December 2003 in the Supreme Court of Victoria, His Honour Justice Kellam dismissed
an appeal lodged by A.B. Oxford Cold Storage Pty Ltd. His Honour ruled that the VWA’s power
to prosecute was valid and that the term ‘facilities’ as it applied to sections 21(1) & (2)(d) of the
Occupational Health and Safety Act 1985 ought to be interpreted broadly to include the provision of
medical services to injured employees and/or the provision of medical or first aid assistance to
assess their condition.
On 11 May 2005, the Supreme Court, Court of Appeal delivered its judgement and dismissed the
appeal by A.B. Oxford Cold Storage Pty Ltd against conviction from the orders made by His Honour
Justice Kellam.
Breach: Sections 21(1) & (2)(a); sections 21(1) & (2)(c); sections 21(1) & (2)(d); and sections 21(1) &
(2)(e) of the Occupational Health and Safety Act 1985.
Result: Appeal dismissed.
132PROSECUTIONS 2005