Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
COLAC OTWAY SHIRE
Date of offence: 4 February 2004
Date of prosecution:
Magistrate:
Plea:
27 May 2005 at Geelong Magistrates’ Court
His Honour Magistrate Beck
Guilty
On 4 February 2004, an employee building engineer of Colac Otway Shire carried out maintenance
work on the air conditioning plant on the roof of the Colac Otway Performing Arts and Cultural
Centre. The employee stepped onto a skylight which broke and resulted in him falling 2.5m to the
floor of a room below.
The Shire had no procedures or policies in relation to work at height. It did not provide mesh
guarding either under or above the skylights. The Code of Practice for Safe Work on Roofs, 1989 had
not been complied with, including the requirement to provide temporary walkways and hand rails
when carrying out maintenance on such fragile material
An improvement notice was issued to the defendant on the day of the incident. It was complied with
in the required timeframe. After the incident, the defendant developed a policy and procedure for
work at height.
The injured employee was hospitalised for 11 days and had rods inserted into his back and bone
taken from his hip and grafted onto his spine. The injured employee also had broken ribs, neck
ligament damage, left shoulder damage and severe bruising.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Without conviction fined $5,000.
20 PROSECUTIONS 2005