Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria
Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria
Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria
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HEALTH AND SAFETY PROSECUTIONS<br />
LUIGI COLOMBERA<br />
Date of offences: 5 and 6 February 2004<br />
Date of prosecution:<br />
Magistrate:<br />
Plea:<br />
27 June <strong>2005</strong> at Shepparton Magistrates’ Court<br />
His Honour Magistrate Murphy<br />
Guilty<br />
Goulburn Valley Region Water Authority contracted Colombera Constructions Pty Ltd to build a<br />
concrete water tank at Cobram.<br />
On 5 February 2004, a <strong>WorkSafe</strong> inspector attended the construction site and inspected the<br />
scaffolding. The inspector formed the opinion that the scaffolding was unsafe and posed an<br />
immediate risk to the health and safety of the employees. The inspector spoke to Luigi Colombera,<br />
the site supervisor (who was a co-director of Colombera Constructions Pty Ltd) and advised him<br />
that he considered the scaffolding to be unsafe. Several threats were made to the inspector and the<br />
inspector left the workplace.<br />
The inspector returned an hour later with the project supervisor and senior engineer from<br />
Goulburn Valley Region Water Authority and a representative from the contract managers. The<br />
inspector tried to explain his concerns with the scaffolding to Luigi Colombera and he again, was<br />
abusive. The employees refused to come down from the scaffolding which was up to 2.4m high<br />
between working platforms.<br />
The inspector served a prohibition notice to prevent further work on the scaffolding.<br />
On 6 February 2004, representatives of Goulburn Valley Region Water Authority returned to the site<br />
and observed employees, including Luigi Colombera, working on the scaffolding in breach of the<br />
prohibition notice.<br />
Breach: Sections 44(3) and section 52(1); and sections 21(1) & (2)(a) and section 52(1) of the<br />
Occupational Health and Safety Act 1985.<br />
Result: Without conviction and the matter was adjourned to Shepparton Magistrates’ Court<br />
on 20 December <strong>2005</strong>. The defendant was ordered to pay the Registrar $5,000 by 27 September<br />
<strong>2005</strong> for payment to the Senior Constable Tony Clarke Memorial Appeal care of the Blue<br />
Ribbon Foundation.<br />
PROSECUTIONS <strong>2005</strong><br />
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