Companies fined in Geelong court for breaching occupational health and safety act

Over $200,000 worth of fines have been handed to companies for failing to provide safe work practices.

A number of companies have been fined in the Geelong Magistrates' Court.

About $220,000 worth of fines have been handed out to companies and businesses in the Geelong Magistrates court in the past 12 months for breaches of the Occupational Health and Safety Act and the Dangerous Goods Act.

Fourteen companies were fined in 2023 for breaches of the act, with fines ranging from $35,000 to $4000.

WorkSafe executive director of health and safety Narelle Beer said inspectors and investigators would continue to target workplaces where harm was most likely to occur.

“The safest places to work are those where employers accept that injuries and fatalities are preventable and priority is placed on doing what they can to protect their people,” Dr Beer said.

“WorkSafe will use every enforcement tool at its disposal to hold to account employers who put the health and safety of their workers or others at risk,” she said.

Offences involving the risk of a fall from height, which is among the leading causes of workplace fatalities in Victoria, continue to be a key compliance priority and were the subject of 39 prosecutions and fines of almost $2m across the state.

Perimeter Scaffolding Pty Ltd

Perimeter Scaffolding pleaded guilty in the Geelong Magistrates Court recently to failing to provide a safe workplace without risk and received a $5000 fine.

WorkSafe prosecutor David Sagnelli said an employee was working at a height of 2.84m without the appropriate protection required to prevent a fall.

Although no injuries occurred, Mr Sagnelli said the injuries the employee could have sustained would have been “catastrophic”.

“It’s the type of offence that exposes employees to a great deal of danger,” Mr Sagnelli said.

Dr Beer said multiple duty holders were also prosecuted for offences involving workplace bullying and sexual harassment, including several matters involving a number of young and vulnerable workers.

“Employers must have systems and processes in place to identify, assess and respond to hazards and associated risks to both the physical and mental health of their workers,” she said.

“This includes ensuring there is adequate training and supervision and that workers are encouraged to speak up or ask questions when they have concerns for their safety.”

Companies that have been fined in 2023

Built With Precision Pty Ltd (fined $7k)

On October 8, 2021, the small building company was working at Wandana Heights when two WorkSafe inspectors observed two men on the roof of the dwelling at a height of approximately 3.5m with no fall protection measures in place.

Homemade Builders Pty Ltd (fined $8k)

On October 1, 2021 a WorkSafe Inspector attended a construction site at 847 Maidstone Way Charlemont when he saw a person working on the live edge of the second story level of a townhouse under construction.

The inspector observed that there was no fall protection in place, with a fall height of 2.76m.

Geelong Citrus Packers in Breakwater. Picture: Google

Geelong Citrus Packers (fined $50k)

In July 2021, a worker was washing the wheels of a truck parked in a loading area with his back to a forklift being used to load empty fruit bins onto a trailer.

Some of the bins became unsteady and fell on him.

He suffered fractures and two breaks to his lower spine.

An investigation found that the company had a traffic-management plan but it did not adequately eliminate or reduce the risk of forklifts colliding with pedestrians.

The court heard it was reasonably practicable to provide a system that separated workers washing truck wheels from areas where forklifts operated.

Picture: Alan Barber

M.Z.K Construction Pty .LTD ($26k, with conviction)

The construction company copped a massive fine for failing to provide a safe workspace for employees working at a block of units in Hamlyn Heights.

Mounzer Karim, the director and secretary of Mzk Construction Pty Ltd, pleaded guilty in the Geelong Magistrates’ Court on behalf of his company to the charges of failing to provide a safe workplace without risk and failing to comply with a prohibition order.

Between January and April 2022, WorkSafe inspectors attended the workplace on multiple occasions during which they observed workers performing high risk construction work unsafely.

AI Solar & Electrical Service Pty Ltd ($35k fine with convictions)

On December, 16, 2021, WorkSafe Inspectors arrived at the workplace and observed two employees carrying out works at a height of around 5.5m without the use of passive fall prevention devices.

The Inspectors observed two employees carrying out works on the second storey pitched roof of the dwelling at a height of around 5.5m without the use of passive fall prevention devices.

Proas Group Pty Ltd (fined $6k)

On October 2022, employees were undertaking asbestos removal work in the bathrooms and kitchens of two units in a complex.

The court heard there was a risk to the health of employees undertaking the task of being exposed to airborne asbestos fibres.

WorkSafe inspectors identified a number of hazards associated with the task and a series of control measures designed to eliminate or reduce the risk.

However, the group failed to implement a number of the control measures identified in the SWMS.

Picture: Mark Wilson

Demolition Man Geelong Pty Ltd (fined $4500)

The company was involved in demolition works at a residential property in Manifold Heights in December 2019 and became aware there was probably asbestos at the workplace and engaged a third party to conduct the asbestos removal works.

The asbestos removal was “completed” on December 23 and December 24, 2019.

On January 9, 2020, a WorkSafe inspector attended the workplace and saw a lack of perimeter fencing and what appeared to be asbestos containing material.

Limitless Energy Group Pty Ltd (fined $25k)

The company was engaged to install a solar panel system at residential premises in Armstrong Creek.

On November 4, 2021, WorkSafe Inspectors arrived at the workplace and observed four workers on the site.

One apprentice was observed carrying out work near an unprotected edge on the flat garage roof, at a height of approximately 3m.

Two apprentices were carrying out work on the second storey pitched roof of the dwelling at a height in excess of 6m.

The court heard the apprentices had failed to install a guard rail on the roof.

Picture: Mark Wilson

Queenscliff Boatyard Pty Ltd (fined 25k)

On September 19, 2019 two apprentice mechanics were using a forklift to transport a gearbox taken from the back of a coast guard boat to a workshop for servicing.

One of the apprentices operating the forklift, came into contact with the other person’s right heel and bent his boot over, resulting in a chipped bone and damage to ligaments.

The company acknowledged that it failed to provide or maintain a safe system of work for the removal of a boat engine.

Victorian Pet Food Processes (fined 35k)

The company, which operates multiple knackeries, faced charges related to a dangerous task involving cow hide removal.

The task, performed by two workers, posed serious injury risks due to potential miscommunication during the winch-operated process.

In May 2019, two workers were performing the task and while one worker was still fitting the chain, the winch pulled, which trapped that worker’s hand causing the worker’s wrist to be nearly completely pulled off.

Sentenal Technologies Pty Ltd (fined $32k, with convictions)

In September 2021, a WorkSafe Inspector saw unsafe work practices on the roof of an industrial warehouse in Corio.

Five of the offender’s employees were working on that roof, seemingly installing or removing roofing components.

The court heard the workers had no harnesses and the footings of the edge protection rails were still installed, but the rails had been removed, so that there was no edge protection and employees were working in its vicinity.

St Josephs College Geelong studentsv

St Joseph’s College Newtown (fined $23,800 with convictions)

In June 2018, the teacher was using the table saw to cut a piece of timber during a Year 9 woodworking class.

The timber was being pushed length way onto the saw blade with a timber push stick and a piece of timber was ejected from the cutting area.

One piece of the timber struck a student who sustained lacerations to the forehead and chin (including damage to a nerve and muscle in his forehead).

Future Friendly Aust Pty Ltd ($4k fine)

In October 2020 at Hamlyn Heights, the offender was installing solar panels onto the roof of a single storey residential building..

A WorkSafe inspector was on his way to an unrelated inspection and noticed two workers on the roof of the building at a height of approximately 2.4m with no fall protection in place.

Originally published as Companies fined in Geelong court for breaching occupational health and safety act