Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
GREGORY FIRMIN
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.
The defendant was a director of Complete Truck Bodies Pty Ltd and also worked in the factory.
Breach: Sections 21(1) & (2)(a) and section 52(1) of the Occupational Health and Safety Act 1985.
Result: The defendant was released upon entering into an undertaking to be of good behaviour
for 12 months and ordered to donate $1,000 to the Royal Children’s Hospital.
FOAMEX MANUFACTURING PTY LTD
Date of offence: 27 April 2004
Date of prosecution:
Judge:
Plea:
22 November 2005 (plea) and 29 November 2005 (sentence) at
Melbourne County Court
Her Honour Judge Lawson
Guilty
On 27 April 2004, an employee of Foamex Manufacturing Pty Ltd was using a forklift to stack
packages of polystyrene packing. The employee did not have a certificate of competency to drive a
forklift and was not being supervised.
The employee reversed and turned the forklift in a tight arc with an attachment in the raised
position - approximately three metres high.
The forklift became unstable, overturned and crushed the employee beneath the forklift. The
employee died as a result of the injuries.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $100,000.
PROSECUTIONS 2005
29