Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
MICHAEL DOHERTY
Date of alleged offence: 9 March 2004
Date of prosecution:
Magistrate:
Plea:
16 November 2005 at Melbourne Magistrates’ Court
His Honour Magistrate Rozencwajg
No plea
Blaxland Pacific Pty Ltd was engaged by Yarra Valley Water to construct water mains pipeline
in Bundoora.
On 9 March 2004, an employee of Blaxland Pty Ltd was air pressure testing a mains water pipe
when a 70 kilogram metal end plate blew off.
Yarra Valley Water and Blaxland Pacific Pty Ltd failed to provide and maintain systems of work
that were, so far as was practicable, safe and without risks to health by not conducting hydrostatic
testing of the water mains in accordance with relevant Australian Standards.
An employee died from severe head injuries and a second employee, who was nearby at the time of
the incident, also sustained injuries.
Michael Doherty, a director of Blaxland Pty Ltd, had employed a contract plumber for the works
and instructed him on how to set up the end cap on the pipe and how to set up the bracing ready
for testing. Michael Doherty checked the packing and confirmed it was ok for testing on the day of
the incident.
Breach: Sections 21(1) & (2)(a) and section 52(1); sections 21(1) & (2)(e) and section 52(1) (two
charges); and section 22 and section 52(1) of the Occupational Health and Safety Act 1985.
Result: Charges withdrawn due to a medical condition suffered by the defendant.
ANTONIO FARANDA (TRADING AS S.T.G. & A. FARANDA)
Date of offence: 5 September 2003
Date of prosecution:
Magistrate:
Plea:
27 January 2005 at Werribee Magistrates’ Court
His Honour Magistrate Docking
Guilty
On 5 September 2003 in Werribee South, an employee of S.T.G. & A. Faranda was operating an onion
sorting machine when her hand became caught between the cutting rollers of the machine.
Emergency services attended and released the employee’s hand from the machine by removing one
of the rollers.
As a result of the incident, the employee sustained fractures to her hand and fingers.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Without conviction fined $2,500.
26 PROSECUTIONS 2005