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Prosecution Details

Defendant Shire of Dalwallinu
Trading Name Not Applicable
Section 19(1)(a)
Regulation Not Applicable
Offence Date Thursday, 10 October 1996
Description of Breach(es)

Being an employer failed to provide and maintain a system of work such that, so far as was practicable, his employee was not exposed to hazards.

Background Details

On 10 October 1996 the (injured) employee was involved in the pruning of street trees with the use of an elevated work platform and chain saw. The employee was not wearing a safety harness or safety helmet and had not undertaken any training for working near live conductors. The work procedure was that the employee would move into position, cut the branches, move away, then the two ground people would pick up the cut branches.

At the time of the accident neither ground persons observed the employee come in contact with the power lines, as they had turned away momentarily. They both heard a crack and observed the employee start to slump in the cheery picker.

The employee received severe burns to the skull and right foot and leg. Subsequently he had his right foot amputated.

Outcome Summary convicted
Conviction Date 09 Apr 1997
Court Moora Magistrates Court
Fine $6,000
Costs $1,500
Charge Number 20/97