Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
VAN SCHAIK’S BIO GRO PTY LTD
Date of offence: 9 January 2004
Date of prosecution:
Magistrate:
Plea:
23 June 2005 at Ringwood Magistrates’ Court
His Honour Magistrate Bolster
Guilty
On 9 January 2004, an employee of Van Schaik’s Bio Gro Pty Ltd was cleaning out residual product
in a potting mixture batching machine when his hand became caught in the outlet chute.
There was no guarding on the machine to prevent persons from placing their hands inside the
machine through the outlet chute.
The defendant acquired the potting mixture batching machine when it took over the business from
a competitor in October 2003. Prior to the incident occurring, a plant hazard identification and
risk assessment had not been undertaken on the machine and the injured employee had not been
appropriately trained in its use.
The injured employee sustained serious injury to the palm and thumb of his left hand.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act
1985 and Regulation 702(1)(a) Occupational Health and Safety (Plant) Regulations 1995.
Result: Without conviction fined $7,500.
VISY PULP AND PAPER PTY LTD
Date of offence: 7 June 2004
Date of prosecution:
Magistrate:
Plea:
1 September 2005 at Broadmeadows Magistrates’ Court
His Honour Magistrate Kumar
Guilty
On 6 April 2004, a WorkSafe inspector attended a workplace operated by Visy Pulp and Paper Pty
Ltd in Campbellfield that primarily manufactured paper.
The inspector, accompanied by the OHS manager and relevant HSR, inspected the pope reel and
rewinder section at the workplace. The pope reel can be described as a reel that takes the made
paper and winds it into a reel of paper. The rewinder takes this from the constructed pope reel and
rewinds it on another reel. Within this process, the rewinder trims, edges and slits the paper into
predetermined smaller reels.
The inspector issued an improvement notice to control crush hazards, entrapment and cut risks
associated with the rewinder. The notice was required to by remedied by 6 June 2004.
On 7 June 2004, the inspector returned to the workplace and observed that the notice had not been
complied with.
Breach: Section 43(3) of the Occupational Health and Safety Act 1985.
Result: The defendant was released upon entering into an undertaking to be of good behaviour
for 12 months. Ordered to pay $5,000 into the court fund.
82 PROSECUTIONS 2005