Prosecutions

DPP appeal increases bakery fine
Davies Bakery Pty Ltd, a Broadmeadows company producing bread, muffins and pastry has had a fine of $2000 increased to $15,000 after an appeal to the DPP.

The company was charged and fined the small amount without conviction following a July 2017 incident in which an employee trying to clear a jammed up 'proving' machine had his head trapped. He had been unable to free himself until a co-worker pressed the stop button and assisted him. He suffered facial fractures and eyesight damage.

The court found Davies Bakery had failed to ensure guarding prevented access to the danger areas of the machine. At the time, Davies pleaded guilty and was without conviction fined $2000 plus $4,115 in costs. On Appeal by the DPP, the County Court set aside the original Magistrates' Court decision and sentenced the offender, without conviction, to pay a fine of $15,000 - costs remained unchanged.

Hoarding company fined $60,000; loses appeal 
DWI Pty Ltd is a company which manufactures, installs and removes hoardings in major shopping centres.

In March 2015 it was contracted to erect hoarding to cover the entire shopfront of the former Coles site at the Cranbourne Shopping Centre - installation, done over three nights, commenced 23 March, and was attached to a bulkhead, which in turn was attached to the ceiling. On or about 1 April 2015, DWI moved the hoarding about 0.5 metre out into the shopping mall, to allow more room for the works in the site, meaning it could no longer be attached to the bulkhead as it was to be demolished, so a wooden brace was made to affix the hoarding to the ceiling.

At some stage between 1 April and 5 May 2015 the roller door in the loading dock area at the rear of the former Coles site was removed, creating a large open area at the rear through which wind could funnel into the site.

At about 12.45pm on 5 May 2015, a 32 metre section of the hoarding collapsed into the mall area of the Centre. The collapse of the hoarding was captured on CCTV. The hoarding fell onto two display cars and a speciality shop, and caused injuries to several members of the public.

WorkSafe inspectors attended the site and an engineer also attended the site at WorkSafe's request and subsequently prepared an expert report which concluded the wind was "a significant contributing factor in the collapse of the hoarding. This could have been addressed by the use of an engineered solution supported by appropriate documentation to address the span and spacing of the hoarding panel framing, the method and number of connections at the top of the hoarding and an engineer's assessment of the appropriate wind loading for the circumstances of the installation".

DWI pleaded guilty and was convicted and fined $60,000 plus $18,217.97 costs. The company appealed the sentence - which was dismissed in the County Court. The the orders made by the Magistrates' Court were re-imposed..

To check all of the recent prosecutions, go to the WorkSafe Prosecution Result Summaries and Enforceable Undertakings webpage.

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