Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
PAGE DATA PTY LTD
Date of offence: 13 July 2001
Date of prosecution:
Judge:
Plea:
19 May 2005 at Melbourne County Court
His Honour Judge Punshon
Guilty
On 13 July 2001, an employee of Page Data Pty Ltd was attempting to unload a pallet from a truck
being driven by a Toll Ipec employee (placed by a labour hire agency).
The delivery consisted of three pallets of cable and the method of work involved the truck driver
moving each pallet to the rear tailgate of the truck using a pallet jack, then a pedestrian forklift
lifted the load from the tailgate.
Due to the problems associated with the heavier third load, a different method of delivery was
attempted to remove the pallet directly from the truck. As the forklift did not have an adjustable
mast to manoeuvre the angle of the forks to sit under the pallet, it was decided to place the forklift
directly on to the tailgate. The type of pallets also prevented the proper location of the pallet jack
and led to instability of the load.
The Page Data Pty Ltd employee was standing on the tailgate near to the forklift and as the tailgate
was lowered, the forklift toppled and moved backwards. The forklift crushed the employee and
trapped him under the frame. The employee died shortly after.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $70,000.
PATRICK DISTRIBUTION PTY LTD
Date of offence: 19 November 2003
Date of prosecution:
Magistrate:
Plea:
12 August 2005 at Sunshine Magistrates’ Court
Her Honour Magistrate Wallington
Guilty
On or about 16 November 2003, MAD Recruitment (Vic) Pty Ltd placed one of its employees at the
workplace of Patrick Distribution Pty. Ltd. at Laverton North, a Major Hazard Facility.
On 19 November 2003, the employee was in a forklift when it ran out of water. The employee
requested a tow from another employee. Whilst under tow, the forklift tipped over and injured the
MAD Recruitment (Vic) Pty Ltd employee.
The employee did not hold a certificate to operate the forklift and had been using the forklift for
various duties since the commencement of his employment.
Breach: Sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $22,000.
PROSECUTIONS 2005
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