Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
COMPLETE TRUCK BODIES PTY LTD
Date of offence: 23 October 2001
Date of prosecution:
Magistrate:
Plea:
16 February 2005 at Melbourne Magistrates’ Court
Her Honour Magistrate Hannan
Guilty
On 23 October 2001, an employee of Complete Truck Bodies Pty Ltd was working on a truck that had
been lifted and lowered onto two high trestles. The system of work involved the necessary work
being completed on the body of the truck from underneath, and when completed, the body was
again lifted and lowered onto the chassis of the vehicle. There were no designated lifting points on
the truck body and no proper slinging techniques used. The hooks of the chains were inserted into
the ends of two rolled steel hollow sections that formed part of the truck body. The strain of the
load caused them to split and the truck body slipped.
The employee was hit on the right shoulder and knocked to the floor by the suspended truck body
that slipped.
The employee sustained a broken bone in his foot and a shattered thigh bone as a result of
the incident.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $15,000.
CONSOLIDATED FIRE SERVICES PTY LTD (TRADING AS STATEWIDE FIRE PROTECTION)
Date of offence: 18 February 2004
Date of prosecution:
Magistrate:
Plea:
20 May 2005 at Dandenong Magistrates’ Court
His Honour Magistrate Beck
Guilty
On 18 February 2004, three employees of a subcontractor engaged by Consolidated Fire Services
Pty Ltd were decommissioning old gas cylinders using an electrical rattle gun to remove valves and
a log-splitter with an electric motor to puncture the cylinders. Liquid gas ignited and caught on fire.
The three employees suffered burns to their bodies. One employee was discharged from hospital
on the same day; one was hospitalised for five days; and the third spent 17 days in hospital.
Fire investigators examined the scene and their opinion was that the fire appeared to have started
when vapours from the venting process came into contact with the electric rattle gun, logsplitter
and plugs on electrical extension leads on the ground nearby. The defendant did not have
procedures in place for the destruction of cylinders and it did not provide adequate information,
training or supervision to the employees.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $30,000.
24 PROSECUTIONS 2005