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Prosecution Details

Defendant Garvicks Pty Ltd
Trading Name Ozfit Muffler and Brakes
Section 19(1) [1] and 19(3)(b) [2]
Regulation Not Applicable
Offence Date 19 August 1996 [1] and 3 September 1996 [2]
Description of Breach(es)

[1] being an employer, failed to provide and maintain, so far as was practicable, a working environment in which its employees were not exposed to hazards in that it:

(a) failed to provide and maintain a system of work such that, so far as was practicable, its employees were not exposed to hazards; and

(b) failed to provide such supervision of its employees as was necessary to enable them to perform their work in such a manner that they were not exposed to hazards.

[2] being the employer of an employee who incurred an injury of a kind prescribed in the Occupational Safety and Health Regulations 1988, made under the Occupational Safety and Health Act 1984, for the purposes of section 19(3)(b) of the Act, failed to forthwith notify the Commissioner in the prescribed form giving such particulars as were prescribed.

Background Details

A trainee exhaust fitter on his first day of employment at the defendant's workplace, received burns to his face and hands.

The injured person was attempting to start a Dodge truck engine with the assistance of another employee. He poured petrol into the engine carburettor on several occasions. The injuries were sustained when the second employee turned the ignition on while the other employee was still in the vicinity of the carburettor and it caught fire.

The injured person had more than 10 working days off and the accident was not reported to the department.

Her Worship Musk SM was satisfied that the company failed, so far as was practicable, to provide a safety system of work in the particular factual circumstances that had arisen, and had failed to provide the necessary supervision.

The defendant pleaded not guilty to charge 19(3)(b) and guilty to charge 19(1). The penalties were imposed under sections 19(6) [1] and 19(8) [2].

Outcome Summary convicted
Conviction Date 13 Aug 1999
Court Perth Court of Petty Sessions
Fine $6,000 [1] and $750 [2]
Costs $2,000
Charge Number 72075/97 [1] and 72074/97 [2]