Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
PATTERSON CHENEY PTY LTD
Date of offence: 19 May 2003
Date of prosecution:
Magistrate:
Plea:
14 September 2005 at Dandenong Magistrates’ Court
His Honour Magistrate Alsop
Guilty
On 19 May 2003, an automotive technician employed by Patterson Cheney Pty Ltd was in a cage
raised on a forklift removing a large promotional banner, when the cage fell to the ground.
The employee was injured and taken to hospital where he received seven stitches to a laceration on
his scalp and was treated for spinal injuries.
The driver of the forklift did not have a certificate to operate a forklift and had never lifted anything
with a forklift before.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $12,500.
PILKINGTON (AUSTRALIA) OPERATIONS LTD
Date of offence: 10 November 2001
Date of prosecution:
Judge:
Plea:
20 June 2005 (plea) and 25 July 2005 (sentence) at Melbourne
County Court
His Honour Judge Bourke
Guilty
On 10 November 2001, an employee glass worker of Pilkington (Australia) Operations Ltd was
working with two other employees, assisting a forklift driver by guiding him into position with the
use of hand signals.
As the 16 tonne forklift was reversing, the load became unstable and toppled forward while the
employee was at the front of the forklift. The employee was crushed by a 10 tonne load of packaged
glass end caps that toppled from the forklift, and died as a result of the injuries.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $80,000 on count one and $180,000 on count two. Additional penalty
of $50,000 under section 53. Total fine $310,000.
PROSECUTIONS 2005
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