County Court judge lifts the bar on workplace safety enforcement

18 April 2008

A County Court judge has imposed Victoria’s biggest ever fine on a single workplace safety charge, but the fine is unlikely to be paid because the business has ceased trading.

County Court Judge, Joe Gullaci, today convicted and fined DMP Poultech Pty Ltd $400,000 after it pleaded guilty to a charge of failing to take care of the safety of people other than employees.

Judge Gullaci said Parliament should review laws so that company directors are made more accountable.

Fifty-four year old truck driver Mario Azzopardi died in December 2005 when a 550kg steel module fell from his truck at a poultry farm in Bungower Road, Moorooduc.

WorkSafe’s Executive Director, John Merritt said the high fine sent a strong message to anyone with responsibilities under Victoria’s health and safety laws.

“This is a significant increase on the previous highest fine for a single charge and is a sign that the courts are increasingly reflecting community views that poor workplace safety standards are not acceptable”

Camden Neon was fined $300,000 in the County Court in September 2007 after the death of a worker who was changing lightbulbs at a Coburg car yard.

“If you do not take your obligations seriously or understand them; if you do not do everything you can to make your workplace as safe as practicable, there are serious legal and commercial consequences.

“While this fine will not be paid, the company is out of business, a life has been lost, people have lost their jobs and the ongoing human impact is immeasurable.”

Judge Gullaci said the company’s moral culpability was high.  

The court was told that early in the morning of 5 December 2005, chickens were caught by a team of workers and loaded into crates which were then placed into steel modules and loaded on to a truck.

The chickens were caught and loaded at night and in low light conditions to reduce stress to the birds.

A 16-year-old youth, who did not have a forklift licence or formal training, was loading the last of the modules on to the truck as Mr Azzopardi began securing the load.

As he re-positioned a module, the forklift driver had difficulty with the procedure and as he reversed with an empty module, a full one fell striking Mr Azzopardi.   

The court was told there were no procedures to stop truck drivers entering the area where the forklift was operating and that DMP Poultech employees knew modules could fall as it had happened before.

Mr Merritt said the death was yet another warning of the need to ensure forklifts and other mobile equipment were well separated from pedestrians.

“The hazard of falling loads are well known across industry. Out of 56 people who have died in forklift related incidents since 1985, 15 were pedestrians.

“Simple, straightforward remedial steps are available and they are affordable.

“Tragically in this case, like so many others, they were only implemented after someone died.”

The charges: 

Section 23 (1) of the Occupational Health and Safety Act 2004.

Duties of employers to other persons

(1) An employer must ensure, so far as is reasonably practicable, that persons other than

employees of the employer are not exposed to risks to their health or safety arising from

the conduct of the undertaking of the employer.