Prosecution Details

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employee, was not exposed to hazards in that it failed to provide and maintain plant such that so far as was practicable the employee was not exposed to hazards and further failed to provide such information, instruction, training and supervision as was necessary to enable the employee to perform his work in such a manner that he was not exposed to hazards and by that failure caused the employee's fatal injuries.

An 18 year old labourer was killed on the 24 April 1997 at Toodyay when the split ring from a wheel which he was fitting to a low loader came free and hit him in the chest and head.

Prior to the incident the deceased had fitted the rim with a new tyre and tube, inflated the tyre to 760kpa (110 psi) and arranged for the wheel to be carried to where the low loader was parked on the other side of the factory.

The deceased had fitted a tyre of incorrect size to the rim, and the rim showed signs of wear and scale. The rim assembly was manufactured in 1942 and was of a three-piece type. The ring and split ring had been riveted together.

For contributory factors and recommendations associated with this incident see WorkSafe Western Australia's Significant Incident Summary, number 13/1997 at www.wt.com.au/safetyline/sis/sis_1397.htm.

To view details of similar incidences released by the Department of Minerals and Energy in Western Australia see Significant Incident Reports, number 82 and 72. These can be obtained free of charge by telephoning (08) 9222 3459 during office hours.

The defendant pleaded guilty. The penalty was imposed under section 19(7) - $200,000.