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Prosecution Details

Defendant Centurion Industries Limited
Trading Name Not Applicable
Section 19(1)(a) and 19(6)
Regulation Not Applicable
Offence Date Thursday, 21 August 1997
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 and maintain a system of work such that, so far as was practicable, its employees were not exposed to hazards.

Background Details

On 21 August 1997 the injured person, a leading hand, was involved in an accident when he fell from a pallet he was using as a working platform supported by the raised forks of a forklift.

The accident resulted in the worker receiving a fractured skull.

Two workers were working on the pressure vessel shown in the photograph, reshaping plate nozzles to fit onto the flange shown about 3 metres above ground level.

To access the flange the leading hand, not a trained forklift operator, used a forklift to elevate his workmate and then climbed the mast himself.

The working platform was merely a pallet, did not comply with the requirements of an elevated working platform and was not securely attached to the forklift.

The leading hand lost his balance while using a porter power when a rod came free.

It was considered practicable for the defendant to provide a safer system of work whereby:

(a) the high pressure vessel could have been rotated and the employees performed the work from ground level; or

(b) the employees performed the work from a work platform designed for the task such as scaffolding or a suitable mobile work platform.

The defendant pleaded guilty. The penalty was imposed under section 19(6) of the Act.

Lead Image
Outcome Summary


Conviction Date 30 Jun 1999
Court Perth Court of Petty Sessions
Fine $5,000
Costs $1,300
Charge Number 6594/98