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Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

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HEALTH AND SAFETY PROSECUTIONS<br />

CRUISE CONSTRUCTION AND DEVELOPMENTS PTY LTD<br />

Date of offence: 18 June 2001<br />

Date of prosecution:<br />

Judge:<br />

Plea:<br />

3 May <strong>2005</strong> at Melbourne County Court<br />

His Honour Judge Punshon<br />

Not guilty<br />

On 18 June 2001 in North Dandenong, a <strong>WorkSafe</strong> inspector observed employees of the defendant<br />

working from an incomplete scaffold that had an unrestricted fall distance in excess of four metres.<br />

On 11 July 2001 in Croydon, a <strong>WorkSafe</strong> inspector observed employees of the defendant working<br />

from an insecure scaffold that had only single planks, no handrails, no kickboards and no safe<br />

means of access or egress. The inspector also formed the opinion that the instruction, training and<br />

supervision of employees were inadequate.<br />

Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.<br />

Result: Nolle prosequi entered by the Office of Public <strong>Prosecutions</strong> after the company went<br />

into liquidation.<br />

DALVEDO PTY LTD (FORMERLY KNOWN AS CANTERBURY TYRE AND MAG SUPAMART PTY LTD)<br />

Date of offence: 13 January 2004<br />

Date of prosecution:<br />

Magistrate:<br />

Plea:<br />

30 November <strong>2005</strong> at Dandenong Magistrates’ Court<br />

His Honour Magistrate Batt<br />

Guilty<br />

On 13 January 2004 at the Bayswater workplace of Dalvedo Pty Ltd, an employee was repairing a<br />

vehicle on a hoist when it fell from the hoist.<br />

There were no safety lock nuts (which cost about $10) to lock the arms of the hoist in place. The<br />

hoist had not been serviced since October 2002.<br />

The injuries sustained by the employee were significant.<br />

Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.<br />

Result: Convicted and fined $15,000.<br />

PROSECUTIONS <strong>2005</strong><br />

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