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Prosecution Details

Defendant Fremantle Port Authority
Trading Name Not Applicable
Section 19(1)(b)
Regulation Not Applicable
Offence Date Wednesday, 4 March 1998
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 and in particular failed to provide such training to its employees, as was necessary to enable them to perform their work in such a manner that they were not exposed to hazards.

Background Details

Two employees were using an Elevating Work Platform (EWP) without fall arrest equipment subjecting them to the risk of a fall from height.

While using the EWP the workers were not wearing safety harnesses nor had they been trained in the use of harnesses.

His Worship rejected the submission that this was a trivial breach and stated "The reality is that a worker was exposed to a risk and despite one man having been employed by the Authority for ten years he had not received training in the use of safety equipment. Indeed the fact that appropriate safety slings and harnesses were stored in the vehicle is a clear indication there was a break down in supervision and training procedures. On that basis it is not a one off incident as in the Haysdale case. The same standards should be enforced in public and private enterprises."

He further stated that "But for the early plea of guilty this Court would have imposed a penalty of $14,000."

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 18 Dec 1998
Court Fremantle Court of Petty Sessions
Fine $9,000
Costs $258
Charge Number 10271/98