Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
CLIVE PEETERS PTY LTD
Date of alleged offence: 7 July 2002
Date of prosecution:
Judge:
Plea:
20 June 2005 at Melbourne County Court
Her Honour Judge Lawson
Not guilty
On 7 July 2002 at Clive Peeters’ Ringwood store, an employee (a warehouse supervisor) fell from an
‘A’ frame ladder while reaching for a television.
The television was stored at a height of approximately 3.2m on the top shelf.
The injured employee broke both wrists, sustained a black eye and received stitches in his
forehead. The injured employee also suffered headaches and received medical attention several
weeks after the incident.
Breach: Sections 21(1) & (2)(e) (two charges) of the Occupational Health and Safety Act 1985.
Result: Her Honour directed the jury to acquit.
COLAC CEMETERY TRUST
Date of offence: 4 February 2004
Date of prosecution:
Magistrate:
Plea:
11 March 2005 at Geelong Magistrates’ Court
Her Honour Magistrate Grubissa
Guilty
On 4 February 2004, an employee at the Colac Cemetery became ill shortly after placing fumigation
tablets into rabbit burrows.
The defendant had no policies or procedures in place for the storage and handling of hazardous
chemicals at the workplace and did not immediately notify the VWA of the incident. The incident
came to the notice of the VWA after a member of the public reported the matter.
The employee required immediate treatment as an in-patient in hospital, where he remained
overnight for observation.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985 and Regulation 7 of the
Occupational Health and Safety (Incident Notification) Regulations 1997.
Result: Convicted and fined $20,000.
PROSECUTIONS 2005
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