Prosecutions

Victorian Prosecutions
Operations manager enters 'diversion plan' 
Between April 2015 and August 2016 the Operations Manager of a security firm engaged in a range of bullying behavior, including speaking to employees loudly, aggressively or in an abrasive manner; using language when speaking to employees that was belittling, degrading or offensive; threatening employees with having to speak to the security firm's director directly about a workplace issue; threatening employees that he would make a complaint about them to the security firm's director; and making inappropriate physical contact with an employee.

On 11 June 2019, instead of a prosecution, the man both entered into a Diversion Plan and was able to show that he had complied with its conditions, namely: he had completed a course called 'Discrimination, bullying and harassment for managers and supervisors'; he had donated $1,000 to Beyond Blue and he had written a letter of gratitude to the informant for the opportunity to participate in the Criminal Justice Diversion Program. Editor's comment: this hardly seems adequate for what amounted to over a year of extremely bullying and offensive behaviour which could have seriously damaged the other employees at the firm.

CSIRO charged with four category 2 WHS breaches after explosion
The Commonwealth Scientific and Industrial Research Organisation (CSIRO) could be fined up to $6 million after being charged with failing to provide a safe work environment or safe systems of work, ensure the safe use of plant or provide adequate safety information and training.

In June 2017, a researcher at the CSIRO's Clayton, Victoria facility was using hydrogen gas to heat sawdust at pressure in an autoclave when gas leaked from the chamber and exploded.  The researcher sustained cuts, bruises and facial burns, and the building was extensively damaged, with the explosion throwing debris 20 metres.

After a Comcare investigation into the incident, the Commonwealth Director of Public Prosecutions filed four charges under section 32 ("Failure to comply with health and safety duty–Category 2") of the Commonwealth WHS Act against the CSIRO.  Each charge carried a maximum fine of $1.5 million, and the matter was listed for first mention in the Moorabbin Magistrates Court in Victoria on 3 July. Source: OHSAlert

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