A company charged over a man's death at a worksite in Delacombe has pleaded guilty to failing to maintain a safe working environment.
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Ace Metal Treatment Services will appear in the County Court in Melbourne for a plea hearing in September, after a magistrate refused to have the matter heard in the lower court.
Magistrate Letizia Torres handed down her decision at the Ballarat Magistrates' Court on Friday.
She said it was more appropriate for the County Court to draw attention to the tragic consequences that can come from workplace risks, particularly given this case involved a death.
Ace Metal Treatment Services ran a factory with large, complex and dangerous machinery and the risk posed by that was high.
- Magistrate Letizia Torres
Ms Torres said she made the decision despite the magistrates' court having sufficient sentencing powers to deal with the case.
"Ace Metal Treatment Services ran a factory with large, complex and dangerous machinery and the risk posed by that was high," she said.
A 50-year-old Alfredton man, an employee of 20 years with Ace Metal Treatment Services, was found trapped in a machine at a Delacombe factory on October 29, 2019.
His chest was crushed in the machine and he was pronounced dead at the scene.
The machine was used for electroplating metal and transported items for treatment.
A WorkSafe inspector found the machine was in an unsafe condition with little operation manual or instructions available, the court heard.
WorkSafe alleges the emergency stop was not operational.
The company allegedly did not have a set maintenance schedule for the machine but the WorkSafe inspector said it should have been regular and scheduled.
During the July court hearing, defence barrister Stephen Russell said there was no reason for the man to be in the area of the machine at the time.
He said the company's two other employees did not know why he was working there.
Ace Metal Treatment Services entered a plea of guilty to one charge of failing to maintain a safe working environment on Friday.
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Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
