Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
KYMAR NOMINEES PTY LTD
Date of alleged offence: 11 June 2003
Date of prosecution:
Magistrate:
Plea:
13 December 2005 at Melbourne Magistrates’ Court
His Honour Magistrate Walter
Not guilty
A maintenance employee of Kymar Nominees Pty Ltd (which is the holding company for a fast food
restaurant franchise in Warragul) was developing a cleaning process for the exhaust flues and fans
within the restaurants.
In the early hours of 11 June 2003, three people, including the maintenance employee, were present
at the restaurant for the purpose of cleaning the exhaust fans on the roof. The activity involved high
pressure cleaning of the exhaust fans and flues that were housed in a safety enclosure on the roof.
The area of the safety enclosure was approximately three metres by two-and-a-half metres and the
barrier fence was around 1.23 metres in height.
Whilst on the roof, the maintenance employee fell from the roof to the ground.
In cleaning the exhaust fans, it was not necessary to step outside the safety enclosure on to the
roof as a hose could have been fed through to the roof from the interior of the restaurant via the
manhole in the kitchen. Alternatively, a rope could have been attached to the hose at the ground
level and pulled up to the safety enclosure.
As a result of the incident, the maintenance employee sustained serious head injuries.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Charges dismissed.
44 PROSECUTIONS 2005