Three Corporations Charged over OHS Breach

Hungry Jack’s, Veolia and Visy have been charged with failing to ensure persons other than employees were safe and not exposed to risk of health and safety.

Lawyers for fast food restaurant Hungry Jacks appeared in the Melbourne Magistrates Court last week over charges relating to the death of an elderly man in one of the restaurant’s car parks.

The incident occurred in the Melbourne suburb of Mill Park in March 2013.

A man, 86, and his wife, 83, were both injured when they were struck by a large dump bin that was being lowered by a truck in the car park of the Hungry Jacks restaurant at Mill Park.

According to a report at the time, the couple was taken to the Royal Melbourne Hospital to be treated for head injuries. The man later died.

According to WorkSafe the tragic incident was a reminder of the dangers of vehicles operating close to pedestrians. It advised that cordoning off the location during activity, having clear pedestrian pathways, using trained spotters and clear signage are just some of the ways workplaces can eliminate those dangers.

Hungry Jacks, Veolia Environmental Services and Visy have been charged with failing to ensure that persons other than employees were not exposed to risks to health and safety, and a committal hearing has been scheduled for December.

Under the OHS Act employers have a responsibility to ensure the safety of all people in their workplaces. Employers or anyone else who has managerial control of a workplace are required to ensure that people other than employees are not exposed to risk to health and safety arising from the conduct of the business.

The maximum penalty for a company can be up to $1.3 million.