Prosecution Details

[1] Being a person to whom improvement notice number 100525 had been issued on 19 June 1997, failed to comply with the notice within the time specified therein.

[2] Being a person to whom improvement notice number 100526 had been issued on 19 June 1997, failed to comply with the notice within the time specified therein.

[3] Being a person to whom improvement notice number 100527 had been issued on 19 June 1997, failed to comply with the notice within the time specified therein.

[4] Being a person to whom improvement notice number 100528 had been issued on 19 June 1997, failed to comply with the notice within the time specified therein.

[5] Being an employer, failed to ensure, as far as was practicable, that dust was prevented from being released into the atmosphere in that an SCM panel saw was operated without a dust extraction system fitted.

[6] Being an employer, failed to provide measures to prevent, as far as was practicable, the use of plant, namely an SCM panel saw, in a manner that could render that plant a hazard to a person at the workplace.

[7] Being an employer, failed to provide measures to prevent, as far as was practicable, the use of plant, namely a rip saw, in a manner that could render that plant a hazard to a person at the workplace.

An inspector visited the premises in Malaga and issued a number of notices. These notices were not complied with within the time specified. The notices related to the following matters:

* Improvement notice 100525 - the top guard and the riving knife of a SCM panel saw were removed (see photograph).
* Improvement notice 100526 - there was no dust extraction system connected to the SCM panel saw to remove the saw dust generated from cutting medium density fibre boards.
* Improvement notice 100527 - the nip points of the rip saw's saw blade and the belt/pulley transmission system were not guarded.
* Improvement notice 100528 - a forklift had been operated by operators without the necessary training.

The above notices had between seven days and two months to be complied with.

His Worship Mr Cicchini SM stated that "the fact that there was the panel saw and the rib saw which clearly exposed workmen to risk or potentially exposed workmen to risk and that's a matter of concern as was the situation with the dust extractor or the failure to have a dust extraction system fitted."

His Worship also took into account the defendants prior good record and plea of guilty. Also that "there ought to be a view of these offences in totality and totality principle when sentencing applies with respect to these matters."

The defendant pleaded guilty. The penalty was imposed under section 54(b) of the Occupational Safety and Health Act 1984.

convicted