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Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

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SECTION 1<br />

HUNG KHIN SAM<br />

Date of offence: 22 December 2004<br />

Date of prosecution:<br />

Magistrate:<br />

Plea:<br />

14 December <strong>2005</strong> at Dandenong Magistrates’ Court<br />

Her Honour Magistrate Macpherson<br />

Guilty<br />

On 22 December 2004, a <strong>WorkSafe</strong> inspector attended a Springvale premises where he observed<br />

a forklift operating outside the front of the premises, lowering Hung Khin Sam and a refrigeration<br />

coil from the roof while he sat on top of 17 pallets.<br />

The roof was approximately 10 metres in height. The driver of the forklift did not hold a<br />

forklift licence.<br />

The defendant had been engaged to perform maintenance work to a refrigeration unit on<br />

the premises.<br />

Breach: Section 25 of the Occupational Health and Safety Act 1985. Regulation 7(1) of the Occupational<br />

Health and Safety Plant Regulations 1995.<br />

Result: The defendant was released upon entering into an undertaking to be of good behaviour<br />

for 12 months.<br />

68 PROSECUTIONS <strong>2005</strong>

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