June 2011

Caravan manufacturer says his workers are safe

Safety notice penalty 'harsh'

Company admits non-compliance

By Dennis Amor
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A VICTORIAN caravan manufacturer, slapped with a hefty fine for failing to comply with safety improvement notices, says its workers are safe.

Empire Caravans general manager Bill Konsol told Caravanning News he believed the $5500 penalty imposed by Broadmeadows magistrates was "very harsh indeed".

He claimed the fine was for being days late having a repair done to his Campbellfield factory.

"Thankfully our workers are safe and I do not believe this had anything to do with safety," Mr Konsol added.

His company pleaded guilty to six counts of failing to comply with an improvement notice under the Occupational Health and Safety Act and was fined without conviction. It was also ordered to pay $2000 costs.

The case prompted a warning from the director of WorkSafe’s Manufacturing, Logistics and Agriculture Division, Ross Pilkington, who said improvement notices identified health and safety issues and gave people the opportunity to deal with them.

"Improvement notices are a legal direction to deal with issues that are typically easily fixed," he said.

"If improvement notices are dealt with promptly, the matter generally ends there. If not, along with the risk of someone being hurt, the chance of a prosecution rises quickly.

"If someone is hurt the personal, commercial and legal consequences for a business or its owners can be considerable."

WorkSafe told the court that on September 30, 2009, one of its inspectors attended Empire Caravans' factory where eight improvement notices were issued.

They covered common problems such as housekeeping, unguarded machines and dangerous storage racking.

Magistrate Jennifer Grubissa was told the inspector allowed nine weeks for compliance during which time the company did not seek an extension of time.

The inspector returned to Empire Caravans three times before the compliance date and reminded management of the obligation to comply with the notices, the court heard.

Empire Caravans complied with two notices – one concerning machine guarding and the other working from heights – within time but failed to comply with the remainder.

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