Event and Time
Event Description
On 25 June 2020, a workplace incident occurred at a manufacturing facility operated by Visy Board Pty Limited, resulting in the serious injury of a worker, Mr. Stojanovski. He was crushed between a powered mobile equipment (Trolley Car) and a conveyor while attempting to prevent stacks of a specific type of cardboard (black board) from falling off the conveyor.
Application and Claims
Visy Board Pty Limited was prosecuted under work health and safety laws for failing to ensure a safe working environment, leading to Mr. Stojanovski's injury that ultimately resulted in an amputation. The prosecution claimed that Visy failed to adequately control risks, perform sufficient risk assessments, and implement safe work procedures, including not having physical barriers or appropriate markings to warn workers of dangers.
Judicial Decisions
- Conviction: Visy Board Pty Limited was convicted on 27 March 2024.
- Sentencing: The court imposed a fine of $500,000, reduced to $375,000 due to an early plea of guilty.
- Cost Orders: Visy was also ordered to cover the prosecutor’s costs amounting to $55,000.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Claims:
- The machinery posed a crushing hazard not adequately controlled. - Lack of physical barriers or markings increased the risk of accidents. - Inadequate risk assessments and failure to implement safe work procedures led to the incident.
- Defence Claims:
- Visy asserted compliance with existing safety protocols. - They referred to the discussion and training around crush hazards, claiming that the event was an unforeseeable accident. - Suggested that Mr. Stojanovski's actions contributed to his injury (walking into the Trolley Car's path).