On 17 June 1997 a complaint was received by WorkSafe Western Australia that a solid piece of steel had come from the direction of the defendants workplace located on the adjoining property. The piece of steel struck a "sea tainer" and then landed on the ground near a person.
The defendants workplace has a steel mesh guard to prevent items being catapulted into the adjoining property from the metal shredding machine that they use. The mesh was located in front of the feed entrance to the machine. The inspector observed that sections of the steel mesh guard had been removed.
The defendant pleaded not guilty. The penalty was imposed under section 21(2).
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