Prosecution Details
| Defendant | Osborne Cold Stores (WA) Pty Ltd |
| Trading Name | Not Applicable |
| Section | 48(4) - two charges |
| Regulation | Not Applicable |
| Offence Date | From 10 Dec 96 to 1 July 97 [1]; From 21 Dec 96[2] |
| Description of Breach(es) | [1] Being a person to whom an improvement notice had been issued, namely improvement notice 97905, and not having applied for a review of the improvement notice in accordance with Section 51 of the Occupational Safety and Health Act 1984 did not comply with the improvement notice within the time specified therein. [2] Being a person to whom an improvement notice had been issued, namely improvement notice 97911, and not having applied for a review of the improvement notice in accordance with Section 51 of the Occupational Safety and Health Act 1984 did not comply with the improvement notice within the time specified therein. |
| Background Details |
[1] The inspector issued the improvement notice on 18/11/95 requiring the defendant to fit an appropriate driver protection device to a Yale forklift truck owned by the company in accordance with the requirements of regulation 4.44(1)(a). The notice was issued to the operations manager. The compliance date for the notice was 9 December 1997. The Director in his statement said that he purchased a replacement seat for that machine within two weeks of the notice being issued. On 1 July 1997 the forklift truck was inspected by a WorkSafe inspector and the new seat had not been installed. The Magistrate resolved that purchase of the seat did not equate to compliance with the notice since the seat was not installed. [2] On the 18 November 1996 an inspector issued notice 97911 requirement the defendant to provide training to the drivers of the forklift trucks used at the premises. This training had to meet the National Guidelines for Occupational Safety Competency Standards for the Operation of Load Shift Equipment NOHSC 7019-1992 and Australian Standard 2359.2-1985. On the 1 July 1997 during a visit to the premises it was found that employees had not been trained in the use of forklift trucks. Written confirmation that the notice 97911 had been complied with was not received within or soon after the time given for compliance. The compliance dated was 20 December 1996. The defendant pleaded not guilty. |
| Lead Image |
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| Outcome Summary | convicted |
| Conviction Date | 14 Aug 1998 |
| Court | Perth Court of Petty Sessions |
| Fine | $2500 [1] and $3500 [2] - total $6000 |
| Costs | $500 [1] and $500 [2] |
| Charge Number | 28541/98 [1] and 28561/98 [2] |