Introduction
Accused: Andonis Kalafatis ABN / ACN:
Industry: Transport and Storage  Accused Type: Individual
Date of Offence: 16/07/2002 Date of Determination: 24/08/2004
Incident: Confined Spaces
Directors - Offences by
Forklifts
Judge / Magistrate: A Bolger
Incident Summary: On 16 July 2002 a 34 year old employee forklift operator at Anspac Cold Storage Pty Ltd’s 28-room cold storage premises in Shepparton had re-arranged between 20-30 pallets of pet food in a cool room. While transferring a further 200 or so pallets the employee began to feel “funny” and cold, and decided to take an early lunch. After going to the lunch room the injured employee felt sick, collapsed and was taken to the Goulburn Valley Hospital where he was diagnosed with carbon monoxide poisoning. The injured employee and his workmates were not aware of the danger of carbon monoxide poisoning when operating a gas-powered forklift in a confined space. There was no information to employees on health and safety issues related to operating a forklift in the cool rooms. Andonis Kalafatis was a director of Anspac Cold Storage Pty Ltd.
Court Number: Jurisdiction: Magistrates Court

Charges
Act & Section [Maximum Penalty] Count(s)
OH&S Act 1985 - s 21(1) & (2)(a) Employer failed to provide & maintain so far as was practicable for employees a safe working environment - plant & systems of work [500 penalty units individual 2500 penalty units body corporate] Indictable offence triable summarily 1
OH&S Act 1985 - s 21(1) & (2)(c) Employer failed to provide & maintain so far as was practicable for employees a safe working environment - safe condition of workplace under control/management [500 penalty units individual 2500 penalty units body corporate] Indictable offence triable summarily 1
OH&S Act 1985 - s 21(1) & (2)(e) Employer failed to provide & maintain so far as was practicable for employees a safe working environment - information instruction training & supervision [500 penalty units individual 2500 penalty units body corporate] Indictable offence triable summarily 1
Plea: Guilty Fine: $7,500.00
Result: Conviction
Fine