Page 123 - Alex Ruscuklic - Complete Works

AYS
Act & Section [Maximum Penalty]
Count(s)
Outcome
OH&S Act 2004 - s 21(1) & (2)(a) Employer failed to provide & maintain so far as was practicable for employees a safe working environment − plant & systems of work [1800 penalty units: individual; 9000 penalty units: body corporate]. Indictable offence triable summarily.
OH&S Act 2004 - s 23(1) Employer failed to ensure that their undertaking did not expose people (other than employees) to health & safety risks [1800 penalty units: individual; 9000 penalty units: body corporate]. Indictable offence triable summarily.
1
1
Plea: No Plea
Fine: $0.00
Result: All Charges Withdrawn
(Enforceable Undertaking entered into by the company as an alternative to prosecution.)
W FORKLIFT TRAFFIC RISK Prosecution Result Summary
Defendant: Fresh Food Company Industry: Manufacturing and Agriculture Defendant Type: Company (ACN)
Date of Offence: 19/01/2007
Case Study 2
Date of Determination: 13/03/2008 Incident: Forklift Traffic Management Judge/Magistrate: Judge Klestadt Jurisdiction: Magistrates Court
Incident Summary: The rear of this Geelong fruit and vegetable business opens onto a public car park where food produce is loaded and unloaded from vehicles via a forklift. There is also an arcade entrance leading from the car park. In October 2005, a forklift operated by the fruit and vegetable Company was seen by a WorkSafe inspector working in the public car park behind its shop. Inadequate control measures (signs and witches hats) were in place to ensure pedestrians were not hit by the forklift. The inspector issued an Improvement Notice, which was lifted several weeks later when an improved traffic management system was established. WorkSafe inspectors revisited the workplace on 19 January 2007, and observed a forklift owned by the same Company operating in and around pedestrians and cars with no controls to prevent a collision with members of the public. The Inspectors issued two more Improvement Notices. An improved traffic management system was again put in place.
The Company agreed to enter into an Enforceable Undertaking as an alternative to prosecution. In the undertaking, the Company agreed to: 1) place a half-page advertisement urging safe operation of forklifts in the Saturday morning Geelong Advertiser within one month; 2) make a $5,000 donation to the Salvation Army; and 3) a principal of the Company attending a 5-day Occupational Health and Safety course.
Charges
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