Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
COLOMBERA CONSTRUCTIONS PTY LTD
Date of offences: 5 and 6 February 2004
Date of prosecution:
Magistrate:
Plea:
27 June 2005 at Shepparton Magistrates’ Court
His Honour Magistrate Murphy
Guilty
Goulburn Valley Region Water Authority contracted Colombera Constructions Pty Ltd to build a
concrete water tank at Cobram.
On 5 February 2004, a WorkSafe inspector attended the construction site and inspected the
scaffolding. The inspector formed the opinion that the scaffolding was unsafe and posed an
immediate risk to the health and safety of the employees. The inspector spoke to Luigi Colombera,
the site supervisor (who was a co-director of Colombera Constructions Pty Ltd) and advised him
that he considered the scaffolding to be unsafe. Several threats were made to the inspector and the
inspector left the workplace.
The inspector returned an hour later with the project supervisor and senior engineer from
Goulburn Valley Region Water Authority and a representative from the contract managers. The
inspector tried to explain his concerns with the scaffolding to Luigi Colombera and he again, was
abusive. The employees refused to come down from the scaffolding which was up to 2.4m high
between working platforms.
The inspector served a prohibition notice to prevent further work on the scaffolding.
On 6 February 2004, representatives of Goulburn Valley Region Water Authority returned to the site
and observed employees, including Luigi Colombera, working on the scaffolding in breach of the
prohibition notice.
Breach: Sections 21(1) & (2)(a) and section 44(3) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined an aggregate sum of $15,000.
22 PROSECUTIONS 2005