Introduction
Accused: Melbourne Transit Pty Ltd ABN / ACN: 073 004 994
Industry: Construction and Utilities  Accused Type: Company (ACN)
Date of Offence: 03/09/2004 Date of Determination: 17/08/2006
Incident: Crush Injuries
Fatalities
Judge / Magistrate: Judge Gaynor
Incident Summary: Melbourne Transit Pty Ltd, a building construction company, was constructing a multi storey development site at 83 Queens Road, Melbourne. The site project incorporated the facade of the old Mansion Hotel within its design. The building construction involved concrete tilt panels and a concrete floor construction known as ‘ultra floor’. On 3 September 2004 at approximately 11.30am, a number of Melbourne Transit Pty Ltd employees were performing concreting duties on level eight of the workplace. This involved the pumping of wet concrete through a line pump and dispersing it over the concrete floor elements which then hardens to establish the floor. At about this time, a number of employees were working over a section of condek located on the west side of the building above unit two of level seven. Condek is metal sheeting similar to that of roof sheets laid between two structural members to create formwork for the concrete to be laid on. Six employees were working on the condek, pumping concrete, shoveling and screeding. Approximately three cubic metres of concrete had been displaced over the condek and screeding of the concrete was about to take place when a loud crack was heard. Immediately after the cracking sound, the floor subsided from beneath the workers and collapsed onto level seven below. At the time of the collapse, a Melbourne Transit Pty Ltd employee was working beneath the concrete pour. The employee who had been working under the concrete pour died as a result of injuries sustained during the collapse.
Court Number: CR-06-00292 Jurisdiction: County 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
Plea: Guilty Fine: $100,000.00
Result: Conviction
Fine (Convicted and fined $100,000 (company in liquidation))