skip navigation

Prosecution Details

Defendant Kentucky Holdings Pty Ltd
Trading Name Mills and Ware's Cakes
Section 19(1)(a)
Regulation Not Applicable
Offence Date Friday, 1 December 1995
Description of Breach(es)

An employer shall, so far as is practicable, provide and maintain a working environment in which his employees are not exposed to hazards.

Background Details

On 1 December 1995 a self employed telephone technician was to install a PA system at the Mills and Wares factory. As the technician had no ladders or scaffolding of his own to carry out the work the Mills and Wares forklift truck, with a work platform attached to the forks, was used for the technician to stand in. Another Mills and Wares employee was operating the forklift truck to elevate the technician who would be standing on the work platform approximately 4 metres above the floor. The Mills and Wares employee, left the forklift unattended to do some of his other duties after checking with the technician. The technician carried on with his work for approximately five minutes, then bent down to pick up a drill from the floor of the work platform when the work platform tipped or slid off the forks of the forklift truck. The work platform and the technician fell approximately 4 metres to the factory floor. During the fall the technician struck a trolley loaded with cake tins.

The technician suffered an undisplaced transverse facture of the lower right arm as well as some small cuts to his legs and face.

Outcome Summary convicted
Conviction Date 27 Mar 1997
Court Perth Court of Petty Sessions
Fine $500
Costs $1,500
Charge Number 15293/97