Glassmaker found guilty

A$310,000 fine imposed recently after a November 2001 workplace fatality at Dandenong is one of the highest yet imposed in Victoria.

Glass manufacturer Pilkington (Australia) Operations Ltd was convicted and fined on two counts under the Occupational Health and Safety Act (1985). The fine includes a $50,000 penalty for 11 previous breaches of health and safety laws.

"In handing down the sentence, Judge Michael Bourke said an eight tonne load of glass fell from a forklift and crushed employee Hung Nguyen Huu at the company's Dandenong premises on 10 November 2001. The Judge found that the method used to move the glass had placed Mr Huu at "dire risk" if anything went wrong.

He said that the company was obliged to apply safe equipment, methods and procedures and ensure they were followed, "They failed to do so and a man is dead." WorkSafe's Manufacturing, Logistics and Agriculture director, Trevor Martin, said companies facing court frequently expressed regret about serious incidents and safety improvements made after the event.

"Tragically it's too late, the damage is done and no amount of regret will change things. The improvement work, safe systems and proper planning and supervision should all have been in place. If they had, this man would not have died. "It won't be intended, but equally, it won't be an 'accident' as these tragedies can be prevented. If forklifts are not used safely there can be blood on the floor," Martin said.