Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
GREATER BENDIGO CITY COUNCIL
Date of offence: 13 October 2003
Date of prosecution:
Magistrate:
Plea:
17 May 2005 at Bendigo Magistrates’ Court
His Honour Magistrate Winton-Smith
Guilty
On 13 October 2003, a resident of Huntly was struck by a large bough that fell from a tree being
sawn by an employee of Greater Bendigo City Council.
The employee had been instructed to remove the overhanging portion of the bough, after the
resident reported that it obstructed the footpath and represented a danger to pedestrians.
When the employee had cut two thirds of the over hanging branches, he noticed the resident in the
vicinity of the bough of the tree. The employee continued to work and did not warn the resident to
stay clear. As the employee noticed the bough move he called out to the resident, but the resident
did not register what the employee said until it was too late.
The employee had no supervision or assistance provided by the defendant. There were no warning
signs, barriers or materials to cordon off an exclusion zone. No attempt was made to brace or
secure the bough.
The resident lost consciousness and was taken to hospital where she received treatment for head
and neck injuries.
Breach: Section 22 of the Occupational Health and Safety Act 1985.
Result: Without conviction fined $10,000.
GREENMAW PTY LTD
Date of alleged offence: 12 December 2002
Date of prosecution:
Magistrate:
Plea:
7 and 8 September 2005 at Melbourne Magistrates’ Court
His Honour Magistrate Goldberg
Not guilty
On 12 December 2002, an employee of Greenmaw Pty Ltd was working at a golf course in Rye when
he became caught in the blades of a turf scarifying machine. The employee lost the lower half of his
right leg.
The employee had not been provided with any means of communication for working in a
remote location.
Breach: Sections 21(1) & (2)(e) (two charges) of the Occupational Health and Safety Act 1985.
Result: Charges dismissed.
32 PROSECUTIONS 2005