Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY APPEALS
QANTAS AIRWAYS LIMITED
Date of offence: 25 October 2003
Date of appeal:
Judge:
Plea:
18 August 2005 at Melbourne County Court
His Honour Judge Shelton
No plea
The Director of Public Prosecutions lodged an appeal against the sentence handed down by
His Honour Magistrate McIndoe on 18 May 2005 when His Honour convicted and fined the
company $5,000.
On 25 October 2003, three Qantas Airways Ltd employees were unloading containers that would
not completely roll onto the low profile trailer. A structural pallet was used to push them into place
then withdrawn. One employee leant in between the containers to activate a locking device on the
trailer. At this point, one of the containers rolled back and trapped the employee’s upper body.
The employee sustained head injuries.
The defendant had no safe work procedure in place for the transfer of containers onto low profile
trailers. Employees were permitted to transfer containers between trailers without a clear line
of vision. The defendant failed to implement risk control measures identified in its draft risk
assessment undertaken on 14 April 2003 on rolling stock, which identified crushing between
containers as a hazard.
Immediately after the incident, the defendant introduced a safe work procedure to govern the
transfer of containers between different types of trailers. The defendant also modified the controls
on pallet loaders, so that the movement of containers was done from a control panel on the rear
side of the extension trailer.
A WorkSafe inspector issued two improvement notices which were both complied with in the
required timeframe.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Without conviction fined $5,000.
PROSECUTIONS 2005
135