Prosecutions

Victorian prosecutions 
Fatal fall at construction site leads to charges 
WorkSafe Victoria has charged a company over the death of a worker who fell at a residential construction site in Templestowe in April 2020. The 26-year-old man died in hospital from head injuries sustained in a fall of more than two metres from scaffolding onto a concrete floor.

Ourarchi Pty Ltd has been charged under section 26(1) of the OHS Act for failing to ensure, so far as was reasonably practicable, that the workplace was safe and without risks to health. It has also been charged under section 38(1) for failing to notify WorkSafe immediately after becoming aware that an incident had occurred.

The regulator further alleges the company breached section 39(1) of the OHS Act by failing, without reasonable excuse, to ensure that the site where the incident occurred was not disturbed.

The matter is listed for a filing hearing at the Melbourne Magistrates' Court on 11 May 2022. Source: WorkSafe media release

Company charged over serious safety breaches 
Also in the past week, WorkSafe charged a wheel manufacturer following a number of incidents at a Mildura workshop between August 2018 and February 2020.

Titan Australia Pty Ltd is facing a number of charges:

  • three charges under s21(1) of the OHS Act for failing to provide and maintain a workplace that was safe and without risks to health. WorkSafe alleges the company twice breached s21(2)(e) of the Act by failing to provide instruction, training or supervision;
  • five charges under s38(1) of the OHS Act for failing to notify WorkSafe immediately after becoming aware that an incident had occurred;
  • five charges under s38(3) of the OHS Act for failing to provide a written record to WorkSafe within 48 hours of an incident;
  • one charge under s39(1) of the OHS Act for failing, without reasonable excuse, to ensure that the site where an incident occurred was not disturbed
  • WorkSafe also alleges the company contravened regulation 101 of the OHS Regulations by failing to locate or guard operator controls from unintentional activation.

The matter was listed for a filing hearing at the Melbourne Magistrates' Court on 3 May 2022. 

The media release had very little detail - however, because several of the charges relate to alleged breaches of s38 (Notifiable Incidents) it is safe to assume that the incident/s were serious, and possibly involved at least one very serious injury caused by insufficiently guarded plant. 
Source: WorkSafe media release

To check for more Victorian prosecutions before the next edition, go to WorkSafe Victoria's Prosecution Result Summaries and Enforceable Undertakings webpage.  

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