Prosecution Details

[1] Being an importer of plant of a kind set out in Schedule 4.1 of the Occupational Safety and Health Regulations 1996, namely a mobile crane with a safe working load greater than 10 tonnes, failed to ensure that before use at the workplace, the design of the plant had been registered by the Commissioner or a regulatory authority.

[2] Being an employer failed to ensure that an individual item of plant of a kind set out in Schedule 4.2 of the Occupational Safety and Health Regulations 1996, namely a mobile crane with a safety working load greater than 10 tonnes, was not used at the workplace unless the individual item has been registered by the Commissioner or a regulatory authority and the registration was current.

A Drott 1800 mobile crane owned by the defendant tipped over whilst lifting a transformer from the roadside . This caused considerable damage to the crane and the transformer, and also minor injuries to the crane operator.

The crane had been imported from Canada, and Excess Power Equipment Supplies being the importer, failed to have the design of the crane registered before use. Also the defendant did not have the crane individually registered before use as required by the regulations.

The Magistrate took into account the defendant's previous good record, their cooperation in alerting the appropriate authorities of the accident and their attempt to register the plant prior to the accident. The Magistrate also noted that the company was aware of their legislative obligations and that they had committed an offence.

The defendant pleaded guilty.