Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
HOIST HYDRAULICS (VIC) PTY LTD
Date of offence: 11 November 2004
Date of prosecution:
Magistrate:
Plea:
9 December 2005 at Ringwood Magistrates’ Court
His Honour Magistrate La Rosa
Guilty
On 11 November 2004, a metal trade’s assistant employed by Hoist Hydraulics (Vic) Pty Ltd was
operating a machine known as a ‘rumbler’ that removes rough edges from cut metal components
by rotating them. The employee had been instructed that because the on/off button did not work,
he was to start and stop the machine by connecting and disconnecting the three-phase plug and
extension lead that led to the machine. The extension lead was connected to a wall switch which
was 30 to 40 paces away from the machine and in a position from which an operator could not see
the machine.
Whilst operating the machine the employee suffered an electric shock.
The rumbler had been manufactured in-house several years earlier and was unsafe in the
following respects:
• it did not comply with Australian Standards regarding safeguarding of machinery;
• numerous dangerous parts protruded from the machine, including the hinges and latches
supporting the door, which created an entanglement hazard;
• the hinges securing the door of the rumbler were cracked, creating a crushing hazard;
• the rumbler’s on/off switch was broken;
• there was no emergency stop button fitted;
• the machine did not comply with Australian Standards regarding electrical installations;
• the three-phase supply lead that fed power to the starter was frayed and damaged;
• bare copper conductors were visible in the brown and blue active conductors;
• the three phase plug connected to the supply lead for the machine showed signs of electrical arcing;
• no risk assessment had been undertaken on it; and
• employees were not provided with adequate instruction, information, training or supervision in
regard to the risks associated with its operation.
The defendant company did not notify the VWA of the incident. The incident came to the notice of the
VWA on 22 November 2004 after it was reported by another employee.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act
1985. Regulation 7 of the Occupational Health and Safety (Incident Notification) Regulations 1997.
Result: Convicted and fined $10,000.
36 PROSECUTIONS 2005