Company fined over death

News Story
- 28 Jul 2016 ( #780 ) - Melbourne, VIC, Australia
3 min read
Australian Box Recycling fined
Australian Box Recycling fined
A Melbourne recycling company that went out of business soon after one of its employees was crushed to death under a homemade lifting device has been convicted and fined $800,000 in the County Court.

Australian Box Recycling was found guilty by a jury of one breach of the 2004 OHS Act in that it failed to provide and maintain a safe plant.

The four-day trial took place despite the company refusing to be involved.

After it was charged, it advised WorkSafe that it was not going to take part in court proceedings and intended to cease trading. It then tried to deregister which, under the Corporations Act 2001, is not permitted while legal proceedings are in train.

WorkSafe successfully applied to the Supreme Court to have the company re-registered so the case could continue.

The trial was allowed to proceed because the court said it was satisfied the company was aware of the proceedings and had made a deliberate decision not to participate.

Following the jury's guilty verdict last week, the court was told that the key players in the company - director Daniel Guisasola, his wife Marisa Giucamelli and their son Leandro Guisasola - had started up a company called High Heat Pty Ltd in May 2015, making similar products to Australian Box Recycling.

Prosecutor Dr Gregory Lyon QC, appearing on behalf of the Director of Public Prosecutions, told Judge Wischusen that the failure of Australian Box Recycling to take part in court proceedings and that its owners had started up a similar company highlighted their lack of remorse.

Earlier, the jury had been told that Australian Box Recycling operated a box recycling business in Campbellfield, which received used boxes from suppliers such as supermarkets. Unwaxed boxes were recycled into briquettes, and waxed boxes in suitable condition were redistributed to customers for re-use.

The company was run by Daniel Guisasola and his son Leandro, who described himself as the company manager.

The jury was told that Leandro had made a "box stacking lift" which was used at the workplace, apparently to try and create extra space. Boxes would be placed in the lift cage, which was then lifted up, so more boxes could be stacked underneath it.

The design of the lift meant the operator had to walk beneath it to remove the rear supporting crossbar to allow the lift to descend. However, there was no mechanical bar to break the lift's descent in the case of hoist or cable failure.

On 22 August 2014, an employee operating the lift was attempting to remove the rear supporting crossbar when the lift cable holding the suspended load of boxes snapped and the lift fell on him.

WorkSafe's executive director of health and safety, Marnie Williams, said Australian Box Recycling had shown an appalling disregard for the safety of all employees who used the lift.

"The lift design was fatally flawed. It forced employees to work underneath it whenever it was used, and it had no mechanical safety measures to protect the operator if it failed," Williams said.

"Employees were put in extreme danger every time they used it, and every day the risk of tragedy increased until one of their workers paid the ultimate price."

Williams said Daniel and Leandro Guisasola also deserved public condemnation for their actions since the incident.

"Their attempt to wash their hands of their responsibilities by shutting down the company once charges were laid, refusing to take part in court proceedings, and starting up a similar company just nine months after their employee died is utterly contemptible and should be condemned," she said.
Nebraska Beef fined over forklift amputation
Nebraska Beef fined over forklift amputation 18 Jan 2024 - Omaha, NE, United States - 1 min read
Canadian courts issue fines over forklift accidents
Canadian courts issue fines over forklift accidents 11 Jan 2024 - St. Thomas, ON, Canada - 2 min read
South Korean robot kills worker, report
South Korean robot kills worker, report 16 Nov 2023 - South Gyeongsang, Korea, Republic Of - 1 min read
Previously about:
Abattoir operator fined for crush News Story - 8 Jul 2021 - Melbourne, Vic, Australia - 1 min read
Pedal layout a safety issue in Australia News Story - 13 Jul 2006 - MELBOURNE, Australia - <1 min read
Pedestrian crushed by cheese News Story - 21 Apr 2005 - MELBOURNE, Australia - 1 min read
Do you have materials handling news? Submit your news here
Inside The News
Hydrogen fuel cells are in the news again this week, with an unnamed American car maker choosing the fuel source to run the materials handling fleet at a new manufacturing plant... Continue reading

PREMIUM business

RAEDER-VOGEL
Innovative high-quality wheels and castors for the forklift industry.

Seeking Ambitious Dealers Globally. Your chance to join a leading heavy machinery brand. Exclusive territories await!

Exclusive Territories Available. Join SOCMA's leading innovation in heavy machinery. 

Partner for success. Enjoy comprehensive support and impressive profit potential.

Contact us now - +86 153 050 495 72 - www.socma-forklift.com 

Words of support …

Undoubtedly, peer experience plays a crucially important role in our industry and it is extremely valuable for us to be part of the platform, where industry professionals, as well as end users can discuss and learn more about the materials handling world.

Alexandra Artemova, Marketing Specialist - Rocla AGV Solutions

Are you recruiting? Find your ideal candidate among a diverse range of materials handling professionals:

Forkliftaction's JOB MARKET

Seeking Ambitious Dealers Globally. Your chance to join a leading heavy machinery brand. Exclusive territories await!

Exclusive Territories Available. Join SOCMA's leading innovation in heavy machinery. 

Partner for success. Enjoy comprehensive support and impressive profit potential.

Contact us now - +86 153 050 495 72 - www.socma-forklift.com 

PREMIUM business

Rocla AGV Solutions
Leading developer & manufacturer of automated guided vehicles (AGVs) tailored to the customers' specific needs.

Are you recruiting? Find your ideal candidate among a diverse range of materials handling professionals:

Forkliftaction's JOB MARKET

Are you recruiting? Find your ideal candidate among a diverse range of materials handling professionals:

Forkliftaction's JOB MARKET

We are over the moon to report that Forkliftaction's average web traffic for 2023 grew by a HUGE 58% when compared to 2022.

With our new average of +1,000,000 web visits per month, there's nothing we can't  achieve together in 2024!

To learn how Forkliftaction can support your brand's growth: DOWNLOAD THE MEDIA KIT