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Prosecution Details

Defendant Simsmetal Limited
Trading Name Not Applicable
Section 21(1)(b) and 21(2)
Regulation Not Applicable
Offence Date Tuesday, 17 June 1997
Description of Breach(es)

Being an employer failed, so far as was practicable, to ensure that the safety or health of persons not being its employees was not adversely affected wholly or in part as a result of work in which it or its employees was engaged.

Background Details

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).

Lead Image
Outcome Summary


Conviction Date 29 Oct 1999
Court Perth Court of Petty Sessions
Fine $2,500
Costs $1,000
Charge Number 36060/98