Occupational Health and Safety breaches: Every guilty Geelong business

From working at height offences to fatalities at the workplace, many Geelong businesses have received hefty fines for breaches of the Occupational Health and Safety Act. SEE THE FULL LIST

Geelong businesses have received hefty fines for breaches of the Occupational Health and Safety Act.

From working at height offences to fatalities at the workplace, many Geelong businesses have received hefty fines for breaches of the Occupational Health and Safety Act.

Workplace health and safety regulator WorkSafe is responsible for prosecuting breaches of the Acts and regulations made under each act.

Since 2008, there have been more than 50 Geelong businesses who faced court over breaches, including multiple in relation to fatalities.

Take a look at which ones escaped a fine, and which one had to pay a whopping $180,000.

Demolition Man Geelong Pty Ltd

The business, involved in demolition works, pleaded guilty to failure to provide a safe working environment and asbestos offences on May 31, 2023.

Without conviction, the business was fined $4500 and ordered to pay costs of $6000.

Sentenal Technologies Pty Ltd

The business, which trades in the installation and maintenance of electrical equipment, pleaded guilty to multiple offences, including failure to provide a safe system of work, falls/work at height offences, high risk construction work, elevated work platform, failure to prepare a SWMS, failure to provide a safe workplace. non complied notice, failure to provide a safe working environment, and failure to provide and maintain a passive fall protection device on March 30, 2023.

A fine of $32,000 was paid, and the court ordered the business to also repay the prosecution’s costs of $7890.

Svitzer Australia Pty Ltd

The business, which provides tugboat towage services, was sentenced to an Enforceable Undertaking in relation to offences including crush injuries, falls/work at height offences, and failure to provide and maintain plant on February 22, 2023.

The EU involved two undertakings to be completed by the company over 24 months, including a portable gangway research project and a risk management training project.

Future Friendly Aust Pty Ltd

The business, involved in the installation of solar power systems to homes and businesses in the Geelong, Bellarine Peninsula and Surf Coast areas, pleaded guilty to offences including falls/work at height offences and failure to provide a safe working environment on February 17, 2023.

Without conviction, the business was sentenced to pay a fine of $4000 and to pay costs of $5000.

Viva Energy Refining Pty Ltd

The oil refinery operator pleaded guilty to offences including failure to provide a safe system of work, exposure to chemicals, dangerous goods, and failure to notify VWA of a notifiable incident on August 22, 2022.

The business was convicted and fined $110,000, and to pay costs of $11,458.

Direct Aluminium Pty. Ltd

Direct Aluminium Pty. Ltd operates a business that supplies aluminium products, and pleaded guilty to a crush injuries offence on June 10, 2022.

The business was sentenced to a 12 month adjourned undertaking and $5000 payment to the court fund.

Australian Lamb (Colac) Pty Ltd

The business, an abattoir slaughtering and processing sheep, pleaded guilty to offences including failure to provide information, instruction, training or supervision, failure to provide a safe workplace, traffic management, failure to provide a safe working environment, forklifts, and failure to maintain a safe system of work on March 11, 2022.

It was fined without conviction $55,000, with costs totalling $3716.39.

Lime Scaffolding by Design Pty Ltd

The scaffolding hire company pleaded guilty to failure to provide a safe system of work and failure to provide a safe working environment on February 22, 2022.

The business was fined without conviction $15,000, and to pay costs of $4882.

A.C.N. 105 612 897 PTY LTD (Named Solos Glass (Geelong) Pty Ltd at the time of the offence)

The business was administration but at the time of the offence operated a glass manufacturing business, and pleaded guilty to failure to provide a safe system of work, failure to conduct a risk/hazard assessment, and inexperienced employee on February 2, 2022.

The business was without conviction sentenced to pay a $2000 fine and to pay costs of $3738.00 ordered.

Bayside Demolition Pty Ltd

The business, a demolition contractor and licenced Class B asbestos removalist, pleaded guilty to falls/work at height offences, and asbestos on September 22, 2021.

The business pleaded, and following an appeal, was without conviction ordered to pay a fine of $25,000 and to pay costs of $3682.

MTD Homes Pty Ltd

The company which constructs residential buildings was fined without conviction for the offence of failure to make arrangements for ensuring safety and the absence of risks to health on June 10, 2021.

There was a fine of $5000 issues and costs totalled $3639.

Monaco Hickey Pty Ltd

The business was charged with offences including crush injuries, failure to provide a safe system of work, and elevated work platform.

On March 3, 2020, the matter was resolved with an Enforceable Undertaking and the charges were withdrawn.

All Scaffolding Pty Ltd

The commercial building company was charged with offences including high risk construction work, failure to prepare a SWMS, and electric shock.

The business pleaded guilty on October 15, 2019, and was without conviction sentenced to pay an aggregate fine of $10,000 and to pay costs of $3354.50.

K&C Constructions Pty Ltd

The commercial building company pleaded guilty to offences including failure to provide a safe system of work, falls/work at height offences, failure to provide and maintain plant, and electric shock on October 15, 2019.

It was without conviction sentenced to pay an aggregate fine of $15,000 and to pay costs of $3354.50.

Boom Logistics Limited

The business was charged with offences including crush injuries, failure to provide a safe system of work, and elevated work platform.

On May 7, 2019 the matter was resolved by way of an Enforceable Undertaking and the charges were withdrawn.

Office Cleaning Services Pty Ltd

The business provides various heavy construction plant and other equipment to businesses, and was charged with offences including failure to conduct a risk/hazard assessment and failure to maintain a safe system of work.

On February 26, 2019, it pleaded guilty and was without conviction sentenced to pay a fine of $5000 and to pay costs of $4187.

Mills Plumbing and Airconditioning Pty Ltd

The business was charged with falls/work at height offences and failure to prepare a SWMS offences.

The offender pleaded guilty and was without conviction placed on a 12 month adjourned undertaking to be of good behaviour with a condition to pay $15,000 to the court fund and to pay costs of $5335.

Greater Geelong City Council

The council was charged with offences including failure to provide a safe system of work, falls/work at height offences, failure to provide a safe workplace, failure to provide a safe working environment, inexperienced employee, and failure to provide and maintain a passive fall protection device.

On October 30, 2017, it entered into an Enforceable Undertaking, with no fine issued.

Skyrider Tower Hire Pty Ltd

The company that provides tree maintenance services was charged with offences including failure to provide a safe system of work, failure to provide a safe workplace, failure to provide a safe working environment, and workplace bullying/harassment.

The business pleaded guilty and was convicted and fined $20,000 and ordered to pay costs of $15,000.

Smash Masters Geelong Pty Ltd

The panel beating business was charged with a false information offence.

It pleaded guilty on October 10, 2017 and was convicted and fined $10,000 and ordered to pay costs of $1981.

Southern Star Windows Pty Ltd

The business manufactures windows and sliding doors at its factory in Geelong North, and was charged with offences including traffic management, failure to provide a safe working environment, and forklifts.

On May 23, 2017 the business pleaded guilty and was without conviction sentenced to pay a fine of $20,000 and to pay costs of $2000.

J.T. Dixon (Geelong) Pty Ltd

The packing and industrial supply business was charged with a guarding offence.

On December 7, 2016 it pleaded guilty and was with conviction sentenced to pay a fine of $26,000 and to pay costs of $3386.

Mettle Pty Ltd

Mettle Pty Ltd operates a number Kentucky Fried Chicken stores in the Geelong region, and was charged with failure to provide a safe system of work, failure to provide information, instruction, training or supervision, and burns offences.

The business entered into an enforceable Undertaking with WorkSafe on October 3, 2016.

Fountain Downs Pty Ltd

The building company was charged with failure to provide a safe system of work and falls/work at height offences.

The business pleaded guilty on March 29, 2016 and was without conviction sentenced to an adjourned undertaking for a period of 12 months and to pay $3000 to the court fund and to pay costs of $3,386.

Alice Homes Pty Ltd

The building company was charged with failure to provide a safe system of work and falls/work at height offences.

On March 9, 2016 the business pleaded guilty and was without conviction sentenced to pay a fine of $3000 and to pay costs of $3000.

Perrowood Pty Ltd trading as DA & NJ Mortimer Petroleum

The business was charged with offences including crush injuries, failure to provide a safe system of work, and elevated work platform.

On February 3, 2016, the business pleaded guilty and with conviction was sentenced to pay a fine of $40,000 and to pay costs of $6120.

DiMac Constructions Proprietary Limited

The civil construction company was charged with failure to provide a safe system of work and falls/work at height offences.

On February 3, 2016, the business entered into an Enforceable Undertaking with WorkSafe.

Aeromarl Pty Ltd

The sign installation company was charged with offences including failure to provide a safe system of work, failure to conduct a risk/hazard assessment, and failure to provide information, instruction, training or supervision.

On December 4, 2015, the business pleaded guilty and with conviction was sentenced to pay a fine of $12,000 and pay costs of $3695.

Australian Pet Essentials Pty Ltd

The pet food treat manufacturer was charged with guarding, failure to notify VWA of a notifiable incident, and failure to preserve incident site offences.

On October 20, 2015, the company pleaded guilty and was convicted and sentenced to pay an aggregate fine of $15,000 and costs of $2218.

G&S Fortunato Group Pty Ltd

G&S Fortunato Group Pty Ltd, a company involved in civil construction work principally trenching and excavation works, was charged with a failure to provide a safe system of work offence.

The business pleaded guilty on September 15, 2015, to two charges under the OHS Act, and was without conviction sentenced to pay a fine of $10,000 for charge 1 and $25,000 for charge 2. It was also sentenced to pay costs of $4473.

Star Track Express Pty Ltd

The company was charged with failure to provide a safe system of work and fatality offences.

On June 24, 2015, the business pleaded guilty, and was convicted and fined $70,000 with an order for costs of $6489.

Calco Timbers Pty Ltd

Calco Timbers Pty Ltd, a company that is involved in the timber manufacturing process, was charged with failure to notify VWA of a notifiable incident.

On June 23, 2015, the business was placed on an adjourned undertaking, without conviction, for a period of six months with a condition they pay $1500 to the court fund. It was also ordered to pay costs of $560.

Associated Rigging Australia Pty Ltd

The business was charged with offences including failure to notify VWA of a notifiable incident and failure to preserve incident site.

On May 26, 2015, was placed on an adjourned undertaking, without conviction, for a period of 12 months with a condition that they pay $750 to the court fund. It was also ordered to pay costs of $560.

Turi Foods Pty Ltd

The Breakwater poultry processing plant operator was charged with guarding offences.

On December 3, 2014, the company was placed on an adjourned undertaking, without conviction, with special conditions that it pay $65,000 to three specified local community charities, and pay VWA’s costs of $7446.50.

Bernie Leen & Sons Pty Ltd

Bernie Leen & Sons Pty Ltd pleaded guilty to two charges relating to asbestos.

On 27 November 2014, the business was without conviction placed on an adjourned undertaking for six months with a special condition to pay $5000 into the court fund. It was also ordered to pay costs in the amount of $3800.

Unibond Plumbing Services Pty Ltd

The business was charged with falls/work at height offences.

On September 22, 2014, was fined $7500 without conviction and ordered to pay VWA’s costs of $2309.

Pickering Joinery Pty Ltd

The business was charged with offences including failure to notify VWA of a notifiable incident and failure to preserve incident site.

On August 27, 2014, the business pleaded guilty to the two charges.

For the first, it was placed on an adjourned undertaking for a period of 12 months with a special condition to pay $1500 into a court fund. For the second it was convicted and fined $3000 with costs of $2534.

Routleys (Vic) Pty Ltd

The company pleaded guilty to one charge saying it failed to ensure, so far as was reasonably practicable, to provide employees a working environment that was safe and without risks to health.

On 7 May 2014, the company was convicted and placed on an adjourned undertaking for a period of 12 months with a special condition to pay $10,000 to the Barwon Health Foundation with costs of $3245.

Geelong Galvanizing Pty Ltd

The company pleaded guilty to one charge saying it failed to provide and maintain a system of work that was, so far as was reasonably practicable, safe and without risks to health.

On February 10, 2014 the company was sentenced, without conviction, to pay a fine of $20,000 and costs of $3500.

Geelong City to Surf Demolition & Excavation Pty Ltd

The demolition and excavation company was charged with falls/work at height offences.

The business pleaded guilty and on December 17, 2013, was fined $4000 without conviction and ordered to pay costs of $3410.

Gumbo Cafe Bar Pty Ltd

The company was charged with offences including falls/work at height offences, failure to provide information, instruction, training or supervision, and inexperienced employee.

On December 3, 2013, it was convicted and sentenced to pay a fine of $30,000 and costs of $3003.

Southern Star Windows Pty Ltd

The company operates a large Window Manufacturing Plant in North Geelong, and was charged with offences including non complied notice and failure to preserve incident site.

On November 26, 2013, the business pleaded guilty to one charge of failing to immediately notify of an incident, one of failing to notify in writing and one of failing to preserve an incident site, and was placed on an adjourned undertaking for 12 months with a special condition that it pay $6000 to the court fund, and also pay $1500 costs.

Amezdroz & Son Pty Ltd

The company provided trucking services for freight transportation based in Lara, and was charged with failure to provide a safe system of work.

On October 25, 2013, the business was convicted and fined $150,000 and ordered to pay costs of $8108.

WCA (Vic) Pty Ltd (also known as West Coast Adventures)

The company was charged with breaching the Act for failing to ensure that persons other than their employees were not exposed to risks to their health and safety arising from the conduct of its undertaking, which resulted in a fatality.
On July 29, 2013, it entered a plea of guilty and on August 12, 2013, the company was convicted and fined $180,000.

Van Loons Nursery Pty Ltd

On June 26, 2013, Van Loons Nursery pleaded guilty to one charge of failing to notify the Authority of a notifiable incident.

The company was, without conviction, placed on an undertaking to be of good behaviour for 12 months and ordered to pay $500 to the court fund. Costs were awarded to the VWA in the sum of $3,500.

Warrnambool Cheese and Butter Factory Company Limited

The company was charged with failing to provide or maintain plant that was, so far as practicable, safe and without risks to health.

The company pleaded guilty and on June 18, 2013, was convicted and fined $35,000 with costs of $3052.

Skilled Group Limited

Skilled Group Limited pleaded guilty to one charge of failing to provide a safe system of work for its employee by failing to adequately ascertain the nature of the work he would be doing at another party, Incitec’s, workplace, and for failing to check that Incitec had properly trained him for the job.

On May 9, 2013, the company was convicted and fined $70,000, with costs totalling $3554.50.

Incitec Pivot Limited

Incitec Pivot Limited pleaded guilty to one charge of failing to provide adequate information, instruction, training and supervision to a worker from another employer, Skilled Group Limited.

On May 9, 2013, the company was convicted and fined $90,000, with costs totalling $3554.50.

Barwon Cleaning Supplies Pty Ltd

The company was charged with offences including traffic management and forklifts.

It pleaded guilty and on December 14, 2012, was convicted and fined $32,000 and ordered to pay costs of $8000.

Skilled Group Limited

The company was charged with offences including guarding and labour hire.

It pleaded guilty and was ordered without conviction to undertake a specified improvement project costing $200,000, and was ordered to pay costs of $8243.

Huyck Wagner Australia Pty Ltd

The company faced a charge relating to guarding offences, and pleaded guilty.

On October 16, 2012, the company was fined $55,000 without conviction and ordered to pay costs in the sum of $3430.52.

Hillcrest Private Nursing Home Pty Ltd

The company was charged with offences including confined spaces and fatality.

It was convicted of one offence, and on October 9, 2012, the company was convicted and fined $80,000.

Archi Render Pty Ltd

The company faced charges relating to falls/work at height offences.

The business pleaded guilty, and on August 29, 2012, was sentenced without conviction to a fine of $7500 with $1500 in costs.

Turi Foods Farming Division Pty Ltd

The company faced charges relating to crush injuries, elevated work platform, and fatality offences.

It pleaded guilty to one offence and was convicted and fined $40,000, with costs of $5107.02.

Bannockburn Excavations Pty Ltd

Bannockburn Excavations Pty Ltd faced charges relating to crush injuries, elevated work platform, and fatality offences.

The company pleaded guilty to one offence and on June 7, 2012, was convicted and fined $135,000, with costs of $5107.02.

GT 10 Geelong Pty Ltd

The business was charged with a guarding offence.

It pleaded guilty, and on January 29, 2012, was fined without conviction $6000, and was ordered to pay costs of $3000.

Casareccia (Homestyle) Pty Ltd trading as Geelong Fresh Foods

The fruit shop operator was charged with offences including traffic management and forklifts.

The company undertook to have its principal officer complete an approved five-day training course, place an approved advertisement in the Geelong Advertiser and contribute $5000 to the Salvation Army.

Originally published as Occupational Health and Safety breaches: Every guilty Geelong business