Worksafe Prosecution Result - Foscor Pty Ltd

Date of Outcome: 24/08/2015

Outcome: On 24 August 2015, Foscor Pty Ltd (A.C.N. 070 123 107) pleaded guilty with respect to three charges arising out of breaches of the Occupational Health and Safety Act 2004 ('the Act'). The charges related to a failure to provide and maintain plant and a system of work for its employees that was, so far as was reasonably practicable, safe and without risks to health: section 21(1) & (2)(a) of the Act.

On 4 February 2014, an employee of Foscor Pty Ltd was killed when the manual quad bike he was driving was hit by a prime mover on the Timboon-Colac Road. The employee was returning from the employee’s residence to the farm's diary on the other side of the road.

As a result of WorkSafe’s investigations, it was identified that there were defects in the both that quad bike and another quad bike on the property. Specifically, neither quad bike had operational brakes. The employer was aware the brakes were not operational. Further employees were not required to wear a helmet when operating the bike. The prosecution did not allege causation between the matters charged and the fatality. The plea was heard before her Honour Magistrate McGarvie at the Magistrates' Court at Colac. The company was sentenced without conviction and ordered to pay a fine of $40,000 and costs in the sum of $5051.

Court: Magistrates' Court
Fine: $40,000.00
Costs: $5,051.00
Published: 26/08/2015

Category: Failure to provide a safe system of work; Fatality; Failure to provide and maintain plant

Source: Worksafe Vic web site