Prosecution Details

Being the employer of an employee, who at a workplace incurred an injury that is of a kind prescribed by regulation 2.4(1) of the Occupational Safety and Health Regulations 1996 failed to forthwith notify the WorkSafe Western Australia Commissioner in the prescribed form giving such particulars as are prescribed.

An employee of the defendant received an electric shock from contact between a hand held buffing machine and a defective yellow painted metal lamp stand while working within a large industrial tyre. The incident caused the buffing machine to come in contact with the employees right thumb, which was almost severed. Prior to the incident residual current devices/earth leakage circuit breakers were not fitted to electrical circuits nor was there a system of testing electrical equipment. Such a system could have identified the lack of earthing on the yellow painted metal lamp stand. The injury was not reported forthwith to the WorkSafe Western Australia Commissioner.

The matter was heard before His Worship Ceccini.

The defendant pleaded guilty. The penalty was imposed under section 19(8).

convicted