Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
PSL SERVICES PTY LTD
Date of alleged offence: 14 February 2004
Date of prosecution:
Magistrate:
Plea:
23 November 2005 at Melbourne Magistrates’ Court
Her Honour Magistrate Wallington
No plea
In February 2004, Patrick Distribution Pty Ltd held a WorkSafe licence to operate a Major Hazard
Facility (MHF) located in Laverton. Patrick Distribution Pty Ltd warehoused dangerous goods at the
MHF. Patrick Services Ltd (PSL) had financial and operational control of the MHF.
The licence was issued on 30 June 2003 pursuant to the Occupational Health and Safety (Major Hazard
Facilities) Regulations 2000. The licence contained a condition that by 1 September 2003, Patrick
Distribution Pty Ltd would implement, to the satisfaction of the VWA, a ‘longer term solution for the
storage of class 5.2 materials’. In a letter to the VWA dated 11 June 2003, this condition was agreed
to by a PSL.
In order to obtain or renew a MHF licence, the operator must prepare or revise a ‘safety case’ and
provide a copy to the VWA. The safety case must demonstrate that a safety management system is
in place and detail the control measures to be adopted in relation to hazards and major incidents.
One of the control measures specified in Patrick Distribution Pty Ltd’s safety case and its national
procedures was that in the event of a temperature variance of five degrees from the target
temperature of a refrigerated container, the container was to be regarded as ‘not in order’ and
immediate action would be taken.
On Saturday 14 February 2004, ambient temperatures reached approximately 40 degrees. A
security guard saw the doors of the container blast open and pale blue smoke billow out of the
open doors. Patrick Distribution Pty Ltd staff were contacted and attended along with emergency
services. The container ignited and took three hours to put out.
PSL employees oversaw the safety health and environment policies and procedures of Patrick
Distribution Pty Ltd through its national health safety and environment manager.
PSL failed to develop, provide and maintain a comprehensive and integrated maintenance and test
regime for the temperature gauges on the exterior of all refrigerated containers housing class 5.2
dangerous goods. It failed to ensure that employees, including the safety health and environment
coordinator for Victoria, were aware of Patrick Distribution’s national procedures in the event of a
container’s temperature not being maintained adequately and the resulting risk to health and safety
in the event of a loss of containment and fire.
Employees had not been provided with adequate information, instruction and training in relation to
the implementation of the control measures.
Breach: Sections 21(1) & (2)(a); sections 21(1) & (2)(b); sections 21(1) & (2)(c); and section 22 of the
Occupational Health and Safety Act 1985.
Result: Charges withdrawn.
PROSECUTIONS 2005
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