Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
TOLL IPEC PTY LTD
Date of offence: 13 July 2001
Date of prosecution:
Judge:
Plea:
19 May 2005 at Melbourne County Court
His Honour Judge Punshon
Guilty
On 13 July 2001, an employee of Page Data Pty Ltd was attempting to unload a pallet from a truck
being driven by a Toll Ipec employee (placed by a labour hire agency).
The delivery consisted of three pallets of cable and the method of work involved the truck driver
moving each pallet to the rear tailgate of the truck using a pallet jack, then a pedestrian forklift
lifted the load from the tailgate.
Due to the problems associated with the heavier third load, a different method of delivery was
attempted to remove the pallet directly from the truck. As the forklift did not have an adjustable
mast to manoeuvre the angle of the forks to sit under the pallet, it was decided to place the forklift
directly on to the tailgate. The type of pallets also prevented the proper location of the pallet jack
and led to instability of the load.
The Page Data Pty Ltd employee was standing on the tailgate near to the forklift and as the tailgate
was lowered, the forklift toppled and moved backwards. The forklift crushed the employee and
trapped him under the frame. The employee died shortly after.
Breach: Section 22 of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $70,000.
TOYOTA MOTOR CORPORATION AUSTRALIA LTD
Date of alleged offence: 22 October 2002
Date of prosecution:
Judge:
Plea:
14,15 and 18 April (trial) and 20 April 2005 (jury verdict) at
Melbourne County Court
Her Honour Judge Hampel
Not guilty
On 22 October 2002 two employees (employee ‘A’ and employee ‘B’) contracted to Toyota Motor
Corporation Australia Ltd, were making minor modifications to a component attached to a
continuous conveyor system in a factory.
Employee ‘A’ left and while he was away employee ‘B’ completed employee ‘A’s’ work on the other
side of the conveyor. While climbing over the conveyor, employee ‘B’s’ foot became trapped, causing
partial amputation and a broken left big toe.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Not guilty.
80 PROSECUTIONS 2005