VIC: company charged over multiple serious safety breaches

The following article is a news item provided for the benefit of the Workplace Health and Safety profession. Its content does not necessarily reflect the views of the Australian Institute of Health & Safety.
Thursday, 12 May, 2022 - 12:00
Incidents & prosecutions

WorkSafe Victoria recently charged a wheel manufacturer following a number of incidents at a Mildura workshop between August 2018 and February 2020.

Titan Australia Pty Ltd is facing three charges under section 21(1) of the Occupational Health and Safety Act for failing to provide and maintain a workplace that was safe and without risks to health.

It’s alleged the company twice breached section 21(2)(e) of the OHS Act by failing to provide instruction, training or supervision.

WorkSafe also alleges Titan Australia contravened regulation 101 of the Occupational Health and Safety Regulations by failing to locate or guard operator controls from unintentional activation.

The company faces a further five charges under section 38(1) of the OHS Act for failing to notify WorkSafe immediately after becoming aware that an incident had occurred; and five charges under section 38(3) of the OHS Act for failing to provide a written record to WorkSafe within 48 hours of an incident.

WorkSafe has also charged the company with a single breach of section 39(1) of the OHS Act for failing, without reasonable excuse, to ensure that the site where an incident occurred was not disturbed.