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Prosecution Details

Defendant Noonans Bakery Pty Ltd
Trading Name Not Applicable
Regulation 4.37(1)(b)
Offence Date Wednesday, 13 January 1999
Description of Breach(es)

Being an employer, failed to provide measures to prevent, as far as was practicable, the use of plant, namely a French bread stick moulder, in a manner that could render that plant a hazard to a person at the workplace.

Background Details

The injured person was in the process of placing pieces of dough into a French bread stick moulder machine when he was required to move the machine in order to work at a nearby preparation table. As he attempted to move the machine, the middle finger on his left hand was caught by one of the moving components in the machine's drive assembly and was injured.

The guard shown in the photograph which was supposed to cover the machine's drive assembly was not fitted at the time of the injury, and indeed had not been fitted for several months prior to the accident.

During 1998 the defendant had been issued with an improvement notice requiring the company to guard another machine and one notice requiring the carrying out a safety audit to deal with hazards identified by the inspector. The hazards included missing guards, damaged plant, exposed electrical wires, slippery work platforms and a leaking copper pipe. The company was obviously well aware of its responsibilities under the Act and Regulations and should have taken steps to guard the machine.

In a letter to the magistrate, the defendant indicated that since the incident, it had taken steps to improve the safety at its workplace. All staff had undergone safety training. A safety officer had been appointed and all machines had been inspected and repaired.

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 29 Jun 1999
Court Perth Court of Petty Sessions
Fine $4,000
Costs $205
Charge Number 27108/99