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Prosecution Details

Defendant Su Hui Yang
Trading Name Not Applicable
Regulation 4.37(1)(b) [1] and 4.37(3)(a) [2]
Offence Date Thursday, 9 October 1997
Description of Breach(es)

[1] Being an employer, failed to ensure that measures were provided at a workplace to prevent, as far as practicable, use of plant, namely an Omga radial arm saw, in a manner that could render the plant a hazard to any person at the workplace.

[2] Being an employer, failed to ensure, when access to plant at a workplace was required for the purpose of cleaning the plant and it was practicable to do the cleaning when the plant was stopped, that all energy sources to the plant, namely an electric panel saw, were isolated using isolation devices and were locked out using lockout devices, where it was practicable to do so.

Background Details

Upon inspecting the workplace owned by Su Hui Yang, WorkSafe inspectors observed the guards to the Omga radial arm saw and the surface planer, had not been installed. It was also discovered during the inspection that there was no adequate supervision to ensure that the plant was adequately guarded while work was taking place. Hence, employees were exposed to dangerous moving parts.

During the inspection a WorkSafe inspector also observed a young worker cleaning out saw dust underneath a panel saw. This young worker was exposed to a risk of serious injury whereby his head may in contact with dangerous moving parts and nip points of the panel saw should the saw be turned on. The young worker had not received instruction on tag out/lock out procedures.

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 16 Dec 1998
Court Perth Court of Petty Sessions
Fine $750 [1] and $250 [2]
Costs $1,013
Charge Number 52012/98 [1] and 52013/98 [2]