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Prosecution Details

Defendant Maya Nominees Pty Ltd
Trading Name Maya Masala Indian Brasserie
Regulation 4.37(1)(f) x 2
Offence Date Between 8/6/2003 and 11/6/2003
Description of Breach(es)

[1] On a date unknown between the 8th day of June 2003 and the 11th day of June 2003 at 49-51 Lake Street, Northbridge Maya Nominees t/as Maya Masala Indian Brasserie being persons having control of the workplace failed to ensure that every dangerous part of a fixed powered plant, namely the grinder of a rice flour grinding machine, was, so far as practicable, securely fenced or guarded in accordance with regulation 4.29 of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984; contrary to regulation 4.37(1)(f) of the Regulations.

[2] On a date unknown between the 8th day of June 2003 and the 11th day of June 2003 at 49-51 Lake Street, Northbridge Maya Nominees t/as Maya Masala Indian Brasserie being employers failed to ensure that every dangerous part of a fixed powered plant, namely the beater of a spar dough mixer, was, so far as practicable, securely fenced or guarded in accordance with regulation 4.29 of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984; contrary to regulation 4.37(1)(f) of the Regulations.

Background Details

The defendant operates an Indian restaurant located in 49-51 Lake Street in Northbridge. At the relevant time the defendant employed a number of persons to work at the restaurant and also engaged a contractor to make some of the food to be sold at the restaurant on the restaurant premises.

On 11 June 2003 WorkSafe inspectors attended the defendant's restaurant business premises to follow up three previous improvement notices that had been issued to the defendant requiring it to guard the grinder and beater. At this time the inspectors observed a spar dough mixer and a rice flour grinder, both of which were still unguarded.

The spar dough mixer had been in use by employees of the defendant at the restaurant premises in the 24-48 hours prior to the inspectors' visit on 11 June 2003. The rice flour grinder had been in use by the defendant's contractor at the restaurant premises in the 24-48 hours prior to the inspectors' visit.

The rotating attachments or mixer blades of commercial mixers pose a hazard of laceration, amputation or fracture to the limbs of employees or persons coming into inadvertent contact with the attachment when used in an unguarded state.

The rice flour grinder is a machine comprising of a drum approximately 600mm in diameter. The drum rotates in a horizontal plane at approximately 30 revolutions per minute. In the centre is a stone wheel and a paddle. This machine was located adjacent to the walkway between the kitchen and the dining area of the restaurant premises so that kitchen and wait staff would have to walk very close to the machine when moving from the kitchen to the dining area. When in operation the machine presents a risk of laceration or crush injuries to persons coming into inadvertent contact with the grinding part.

After the Inspectors' visit both items of plant were fitted with a guard that covered the grinder and beater. The fitting of the new guards did not effect the operation of the items of plant.

Improvement notices relating to the lack of guarding of the spar mixer and the rice flour grinder were issued to the defendant on a total of 3 occasions prior to June 2003 (the first ones being issued in October 2002) and multiple attempts were made by WorkSafe Inspectors to deal with the issue of lack of guarding of these items of plant informally without success.

The defendant was convicted in its absence.




Outcome Summary Convicted
Conviction Date 04 Feb 2005
Court Perth Court of Petty Sessions
Fine $2,500 x 2
Costs $398.45