Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
PRESS SHOP AUTOMATION PTY. LIMITED
Date of offence: 4 June 2002
Date of prosecution:
Magistrate:
Plea:
10 March 2005 at Melbourne Magistrates’ Court
His Honour Magistrate Walter
Guilty
On 4 June 2002 at Bayswater, an employee of Fenbrite Industries Pty. Limited was operating a
power press used to produce aluminium blanks. The press, pneumatic feed and un-coiler had been
supplied by Press Shop Automation Pty. Limited.
Occasionally the aluminium strip would jam and distort, and the employee had to disconnect the
feeder, straighten the metal out, and guide it back into position. This meant that the employee’s
hand was inside the die space of the press at times. At one point, as the employee was trying to
feed the metal strip into the die, he stepped back onto the foot pedal and inadvertently activated the
press ram while his hand was still in the trapping space.
The employee severed four fingers on his left hand.
Breach: Section 24 of the Occupational Health and Safety Act 1985.
Result: Without conviction fined $7,500.
PSL SERVICES PTY LTD
Date of alleged offence: 14 January 2004
Date of prosecution:
Magistrate:
Plea:
23 November 2005 at Melbourne Magistrates’ Court
Her Honour Magistrate Wallington
No plea
On 14 January 2004, WorkSafe inspectors attended the Patrick Distribution Pty Ltd premises in
Laverton and found that dangerous goods, disallowed in its Major Hazard Facility licence, were
being stored on site.
During the inspection, the WorkSafe inspectors discovered class 3 dangerous goods stored in
warehouse 1D. Condition two of the licence required that Patrick Distribution Pty Ltd not store
class 3 flammable dangerous goods and subsidiary risk class 3 (sub-risk) materials in warehouse
1D. The licence condition was imposed in response to WorkSafe’s concerns that related to the risk
of fatality from heat radiation in the event of loss of containment, as warehouse 1D was adjacent to
the facility’s southern boundary where the offices were located.
Present at the time of the inspection, were the national health safety and environment manager,
manager development and the distribution centre manager - all of whom were employed by Patrick
Services Ltd (PSL). Also present was the warehouse coordinator who was employed by Patrick
Distribution Pty Ltd.
Breach: Sections 21(1) & (2)(a); sections 21(1) & (2)(c); sections 21(1) & (2)(e); and section 22 of the
Occupational Health and Safety Act 1985.
Result: Charges withdrawn.
60 PROSECUTIONS 2005