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Prosecution Details

Defendant Newform Holdings Pty Ltd (ACN 157 905 149)
Section 19(1), 19A(3) & 3A(2)(b)(i)
Offence Date 8 August 2012
Description of Breach(es)

Being an employer, failed, so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards, contrary to sections 19(1) and 19A(3) of the Occupational Safety and Health Act 1984.

Background Details

At the time of the offence, the Accused was a company who operated La Crust bakery and patisserie at Unit 6, 32 Ardross Street, Applecross WA 6153.

The workplace consisted of a retail shop front which was used to sell baked wares to the public. At the rear of the shop was a food preparation area, where mixing and baking of bread dough, pastries and cake mixes took place.

As at 8th August 2012, the Accused employed a qualified baker. 

On the 8th August 2012, the baker commenced his shift at 3:00am.

At the beginning of his shift, the baker was mixing batches of dough using two commercial Sinmag dough mixers located in the food preparation area at the rear of the shop.

The larger of the two Sinmag dough mixers was fitted with an interlocking guard which disengaged the power to the mixer in the event the guard was raised.

At the date of the offence the smaller Sinmag SM401 mixer which sat on the floor of the food preparation area was unguarded and was fitted with a spiral mixing attachment.

At around 3:30am, the dough in the smaller Singmag mixer was ready for baking so the baker turned the mixer off using the toggle switch located on the mixer.

Before the spiral mixing attachment came to a complete standstill the baker reached into the mixing bowl with his left arm to remove the batch of dough.

The spiral attachment caught the baker's left forearm and drew his arm further into the mixing bowl. Instinctively, he pulled his arm in an upward motion to free himself from further entanglement.

After removing his arm from the mixing bowl it was apparent to the baker that he had suffered an injury as he was in pain.  He contacted the director of the Accused, to inform her of what had just occurred, and as a result an ambulance attended the premises and conveyed the baker to Fremantle Hospital for further treatment.

The resulting injury was a fracture to the baker's left ulna, which required surgery. He was released from Fremantle Hospital two days after the incident on 10 August 2012.

The Accused after the incident, had a mixer guard fitted to the unguarded mixer which caused the baker's injury.

The mixer guard was fitted by a company called Mac.pan at a cost of $632.94.

It would have been practicable of the Accused to ensure that a guard was in place on the mixer before 8 August 2012.




Outcome Summary

The Accused entered a guilty plea and was convicted on 12 September 2014.  On 19 September 2014 the Magistrate fined the Accused $9000.

Conviction Date 12 Sep 2014
Court Magsitrates Court of Western Australia - Perth
Fine $9000.00
Costs $928.30
Charge Number PE91201/14