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Prosecution Details

Defendant Peter Joseph Kohlen
Trading Name Kohlen Joinery
Section 19(3)(b) [2] and 19(3)(b) [3]
Regulation 4.37(1)(b) [1]
Offence Date 23 April 2001 [1], Between 22 April to 6 May 2001 [2], and Between 5 March and 7 May 2001 [3]
Description of Breach(es)

[1] Being an employer at a workplace, failed to provide measures to prevent, as far as was practicable, the use of plant, namely a rip saw, in a manner that could render that plant a hazard to a person at the workplace.

[2] Being the employer of an employee who incurred an injury of the kind prescribed in the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984, for the purposes of section 19(3) of the Act, namely an injury, which in the opinion of a medical practitioner, was likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred, failed to forthwith notify the Commissioner in the prescribed form giving such particulars as are prescribed.

[3] Being the employer of an employee who incurred an injury of the kind prescribed in the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984, for the purposes of section 19(3) of the Act, namely an injury, which in the opinion of a medical practitioner, was likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred, failed to forthwith notify the Commissioner in the prescribed form giving such particulars as are prescribed.

Background Details

The defendant operates a joinery workshop in Claremont. He employs four workers and engages two subcontractors.

[1-2] On 23 April 2001 a wood machinist employed by the defendant was operating a ripsaw. The saw was not fitted with a riving knife guard. He was using the saw to cut western red cedar timber. He put a 1.2 metre piece of timber in the feed side of the saw and went around to retrieve the cut timber. He grabbed the timber and it kicked back and pulled his hand into the saw.

It was practicable for the defendant to have fitted a riving knife guard to the ripsaw. A riving knife is fitted to a ripsaw at the rear of the saw blade (opposite to the feed side) and it would have served the dual purpose of stopping wood from rejoining once cut to reduce the incidence of kickback and, if kickback occurs, would prevent the operator working at the rear of the saw from coming into contact with the saw blade.

The employee suffered massive injuries to the palm of his left hand, which included the severing of nerves and tendons to all of his fingers. Although, surgical intervention was able to save his fingers, he was expected to have life-long impairment to his hand.

On 26 April 2001 the defendant was provided with a copy of the employee's first medical certificate, which contained the opinion of a medical practitioner that the employee would be unfit for work for a period of 30 days. The defendant did not report the injury to the Commissioner of WorkSafe until 7 May 2001, after an improvement notice requiring him to do so had been issued to him.

[3] On 6 March 2001 another employee, a carpenter/joiner, employed by the defendant was operating a table (panel) saw. He was ripping some timber when he injured his finger, which resulted in the amputation of his left index finger.

The employee was issued with a first medical certificate on 6 March 2001, which contained the opinion of a medical practitioner that the injury would prevent him from working for a period of 14 days.

The defendant admitted he knew about the medical practitioner's opinion, but did not report the injury to the Commissioner of WorkSafe until 8 May 2001, which was after he had been issued an improvement notice to do so.

The penalty was imposed under section 19(8) for charges 2 and 3.




Outcome Summary convicted
Conviction Date 05 Dec 2001
Court Perth Court of Petty Sessions
Fine $4000 [1], $1000 [2], $1500 [3]
Costs $147.70 [1-2], $147.70 [3]
Charge Number 49723-5/01