Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
TURBOIC PTY LTD
Date of offence: Various dates between 16 February and 18 May 2004
Date of prosecution:
Magistrate:
Plea:
14 September 2005 at Frankston Magistrates’ Court
Her Honour Magistrate Stewart-Thornton
Guilty
On 9 December 2003, a WorkSafe inspector visited Turboic Pty Ltd, also known as Emmans Wire
Works, in Cheltenham. The workplace was a shop front with a manufacturing factory area at the
back. The company manufactured wire products, office and shop fittings.
The inspector issued a number of improvement notices for the following:
• an inadequately guarded drop saw;
• an inadequately guarded guillotine; and
• a number of employees exposed to excessive noise levels by not wearing hearing protection.
On 16 February 2004, the inspector re-visited the workplace and deemed that no action had been
taken in relation to the issued improvement notices. The inspector also observed that a bending
machine had insufficient guarding and issued an improvement notice.
On 29 March 2004 and 18 May 2004, an inspector attended the workplace and deemed that the
defendant had failed to comply with all of the improvement notices.
Breach: Section 43(3) (four charges) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $6,000 as part of an aggregate order.
UNITING CHURCH IN AUSTRALIA KILMANY UNITING CARE (FORMERLY KNOWN AS KILMANY
FAMILY CARE)
Date of offences: 18 and 19 October 2003
Date of prosecution:
Magistrate:
Plea:
15 February 2005 at Sale Magistrates’ Court
His Honour Magistrate Hill
Guilty
On the weekend of 18 and 19 October 2003 in Sale, approximately 19 employees of Kilmany Family
Care, and nine non-employees including staff members’ partners and children, participated in a
working bee which included the removal of hallway tiles in an unoccupied building.
An audit in 2003 had revealed the presence of asbestos-containing material in similar tiles in the
rear lobby of the building. The workers were not informed about the possibility that the hallway tiles
could contain asbestos. No personal protective clothing or equipment was provided to the workers.
Testing later revealed that the tiles removed by employees and non-employees contained
chrysotile asbestos.
Breach: Sections 21(1) & (2)(a) and section 22 of the Occupational Health and Safety Act 1985.
Result: Convicted and fined an aggregate sum of $5,000.
PROSECUTIONS 2005
81