Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
WESFARMERS KLEENHEAT GAS PTY LTD
Date of alleged offence: 26 March 2004
Date of prosecution:
Magistrate:
Plea:
28 April 2005 at Sunshine Magistrates’ Court
N/A
No plea
On 26 March 2004, WorkSafe inspectors attended the defendant’s Deer Park premises to check
and obtain a copy of the site’s dangerous goods manifest. The manifest which was supplied by the
defendant as the current version was dated 8 August 2003. Numerous tanks and cylinders observed
by the inspectors were not marked on the manifest.
Under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000, manifests
are required to be current and accurately reflect the total storage quantity and location of the
dangerous goods at the site, in order to assist the emergency services by providing full and
complete information.
Breach: Section 30(1) and section 31(2) of the Dangerous Goods Act 1985. Regulations 801(1) & (2) of
the Occupational Health and Safety (Major Hazards Facilities) Regulations 2000.
Result: Charges withdrawn.
WILKINSON DEVELOPMENTS PTY. LTD
Date of offence: 14 October 2003
Date of prosecution:
Magistrate:
Plea:
7 February 2005 at Melbourne Magistrates’ Court
Her Honour Magistrate Bowles
Guilty
On 14 October 2003 at a construction site at Hampton North, a bricklayer had been working on
scaffolding that had castors and was positioned on a porch which was above ground level. The
scaffolding collapsed beneath the bricklayer and he fell to the ground.
After the incident, WorkSafe inspectors attended the site and observed that there was not a one
metre clearance on all sides of the scaffolding from the edge of the porch, in contravention of
Australian Standard: Guidelines for Scaffolding (AS/NZS 4576:1995).
The inspectors also observed that the upper level of the building, under construction, did not
have adequate fall protection measures in place despite the potential fall distance of approximately
3 to 3.5m.
The bricklayer sustained broken ribs and bruising to the body as a result of the fall.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(c) of the Occupational Health and Safety Act 1985.
Result: Without conviction fined $35,000.
84 PROSECUTIONS 2005