Recently prosecuted company charged in relation to death
Melbourne Truss Pty Ltd has been charged with breaching section 26 of the OHS Act, in relation to a March 2020 fatality. A 35-year-old worker was fatally struck by a falling steel beam at a residential building site in Point Cook.
WorkSafe Victoria has alleged the company failed to provide a safe working environment during its delivery of trusses to the site. WorkSafe maintains Melbourne Truss could have reduced the health and safety risks by ensuring: truss bundles were unloaded in a safe unloading zone; workers used appropriate personal protective equipment; crane operators worked from a safe location; and truss bundles were attached to a properly balanced sling. The matter is listed for a filing hearing in the Melbourne Magistrates Court on 13 September.
In February this year, this company was convicted and fined $40,000 for a March 2018 safety breach (see SafetyNet 564). The incident involved an employee riding a crane's chains from the first floor of a building to the tray of a truck.
Source: WorkSafe media release
There were a number of prosecutions not reported on last week due to time constraints.
Cee Jay's Quality Meats: The company operates a stall at Victoria Market. The prosecution was as result of an unguarded mincer, which WorkSafe inspectors had observed on multiple visits and issued several notices on over a period from 1 July 2019 to 12 March 2020. The offender was found guilty (ex-parte) and was with conviction sentenced to pay a fine of $18,000 and to pay costs of $4,326.
Cyco Systems Corporation Pty Ltd: Engine parts manufacturer let off with paying into Court Fund after an incident led to the degloving of part of a worker's hand in an inadequately guarded piece of plant. The company pleaded guilty and was without conviction sentenced to an adjourned undertaking for a period of 12 months, and to pay $12,000 to the Court Fund with costs of $1,891.
Bayside Demolition: a demolition contractor and licenced Class B asbestos removalist. WorkSafe inspectors attending one of their worksites identified a range of issues including an unsuitable SWMS for working at height; employees not being required to wear appropriate PPE for asbestos removal work; lack of barricading and appropriate signage; unlicensed workers removing asbestos; and more. The company pleaded guilty to two charges under s.21(1) of the OHS Act and was convicted and fined $25,000 plus costs of $3,682.
David Franklin Builders: a company providing carpentry works. An inspector noted an apprentice working at a height of more than two metres, with no fall protection. In addition, the company failed to produce a SWMS at the time of the visit, though produced one at a later date. The company pleaded guilty and was with conviction fined $10,000 plus costs of $1,662.
- BDT Pty Ltd - Rockstar Sealing: a company which cleans and seals surfaces, including marble and stone, and also decants and mixes dangerous goods to make sealing and cleaning products for sale, was fined $12,000 plus costs of $2,660. The charges related to an explosion due to inadequate labelling and storage of the hazardous substances and dangerous goods, which led to an employee mixing two chemicals.
To check for more Victorian prosecutions before the next edition, go to WorkSafe Victoria's Prosecution Result Summaries and Enforceable Undertakings webpage.