Accused: Casareccia (Homestyle) Pty. Ltd. trading as Geelong Fresh Foods ABN / ACN: 076 644 874
Industry: Manufacturing and Agriculture  Accused Type: Company (ACN)
Date of Offence: 19/01/2007 Date of Determination: 13/03/2008
Incident: Forklifts
Traffic management Judge / Magistrate: J Klestadt
Incident Summary: Casareccia (Homestyle) P/L (“Casareccia”), trades as Geelong Fresh Foods and is a fruit and vegetable business located in Pakington Street, Geelong West. The rear of the business opens onto a public car park where food produce is loaded and unloaded from vehicles via a forklift. There is also an arcade entrance to IGA leading from the car park. The car park is owned by IGA. In October 2005 a forklift operated by Casareccia was seen by a WorkSafe inspector working in the public car park behind its shop. Inadequate control measures (signs and witches hats) were in place to ensure pedestrians were not hit by the forklift. The inspector issued an improvement notice which was lifted several weeks later when an improved traffic management system was established. On 19 January 2007 WorkSafe inspectors re visited the workplace and observed a forklift owned by Casareccia, operating in and around pedestrians and cars with no controls to prevent a collision with members of the public. The Inspectors issued two Improvement Notices. An improved traffic management system was again put in place. Casareccia agreed to enter into an enforceable undertaking as an alternative to prosecution. In the undertaking, the company agreed to: - place a half page advertisement urging safe operation of forklifts in the Sat morning Geelong Advertiser within one month; - make a $5000 donation to the Salvation Army and - a principal of the company agreed to attend a 5-day occupational health and safety course;
Court Number: W03085718 Jurisdiction: Magistrates Court

Act & Section [Maximum Penalty]	Count(s)
OH&S Act 2004 - 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 [1800 penalty units individual 9000 penalty units body corporate] Indictable offence triable summarily	1
OH&S Act 2004 - s 23(1) Employer failed to ensure that their undertaking did not expose people (other than employees) to health & safety risks [1800 penalty units individual 9000 penalty units body corporate] Indictable offence triable summarily	1

Plea: No Plea Fine: $0.00
Result: All Charges Withdrawn (Enforceable Undertaking entered into by the company as an alternative to prosecution.)