Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
NORMET INDUSTRIES NOMINEES PTY LTD (TRADING AS NORSTAR STEEL RECYCLERS)
Date of offence: 26 April 2004
Date of prosecution:
Magistrate:
Plea:
8 June 2005 at Werribee Magistrates’ Court
His Honour Magistrate Capell
Guilty
On 26 April 2004, an 18 year old ‘picker’ of scrap material became entangled in an unguarded
conveyor of a shredder used to recycle scrap metal. The injured employee was supplied to the
defendant by a labour company. At the time of the incident, a guard had been removed from
the conveyor by maintenance staff and had not been replaced. The company was aware of the
requirement to guard dangerous machinery from previous reports from a consultant.
The injured employee sustained a broken arm and he remained in hospital for about two weeks.
Steel plates were inserted into the injured employee’s arm and he underwent a skin graft
operation. The injured employee was off work for a period of 10 weeks.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $35,000.
NYK LOGISTICS (AUSTRALIA) PTY LTD
Date of offence: 28 April 2004
Date of prosecution:
Magistrate:
Plea:
13 April 2005 at Dandenong Magistrates’ Court
His Honour Magistrate Harber
Guilty
On 28 April 2004 in Lyndhurst, an employee of NYK Logistics (Australia) Pty Ltd was struck by
falling freight being unloaded from a trailer by a forklift.
The employee sustained torn ligaments to his right ankle, lacerations to his right knee, a bulging
disc in the area of his lower spine, compression fractures to his middle vertebrae and post
traumatic stress syndrome.
On 14 May 2004, a WorkSafe inspector attended the defendant’s premises and observed several
trucks being unloaded while pedestrians were walking or standing near the trucks and in the
immediate proximity of a forklift. The inspector issued a prohibition notice preventing pedestrians
from being allowed in the immediate vicinity of trucks while they were being loaded or unloaded.
The inspector also issued two improvement notices: one required a method of supervision
associated with forklift operation in the loading and unloading area to enable employees
undertaking the task to perform their work in a safe manner; and the second required a safe
system of work for loading and unloading of trailers.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $20,000.
PROSECUTIONS 2005
53