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Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

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HEALTH AND SAFETY PROSECUTIONS<br />

TANK SECURITIES CORPORATION PTY LTD<br />

Date of offence: 26 April 2004<br />

Date of prosecution:<br />

Magistrate:<br />

Plea:<br />

15 July <strong>2005</strong> at Melbourne Magistrates’ Court<br />

His Honour Magistrate McIndoe<br />

Guilty<br />

On 26 April 2004 in Brunswick, a <strong>WorkSafe</strong> inspector observed a forklift parked in a laneway servicing<br />

Tank Securities Corporation Pty Ltd. The forklift was parked in close proximity to the western wall<br />

of the building, and a driver was present. The forklift was supporting a stillage containing a person<br />

who was raised to a height of approximately four to six metres. The person was working on a security<br />

camera mounted on the corner of the western and southern walls of the building.<br />

The inspector issued two prohibition notices in relation to the use of the forklift on the basis that:<br />

the stillage was not an approved work platform in accordance with the Australian Standards<br />

regarding powered industrial trucks; and if used in this circumstance, it exposed workers to the<br />

risk of entanglement, entrapment and falling.<br />

On 6 September 2004, the inspector returned to the business premises and observed a work<br />

platform manufactured, which complied with Australian Standards and lifted both notices.<br />

Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.<br />

Result: Without conviction fined $2,000.<br />

PROSECUTIONS <strong>2005</strong><br />

75

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