Prosecution Details

Being an employer, failed to provide measures to prevent, as far as was practicable, the use of plant, namely the main waste conveyor, in a manner that could render that plant a hazard to a person at the workplace.

The defendant was a saw milling company that operated a saw mill at Witchcliffe.

During a routine inspection of the defendant's premises on 23 September 1999 it was noted that the main waste conveyor was unguarded in the tensioning area. At some stage prior to 23 September 1999, the guard that was fitted to the conveyor belt was removed. The guard was 20 metres from the tensioning device.

The defendant pleaded not guilty.

After hearing all the evidence the Magistrate was satisfied beyond reasonable doubt that the complaint had been proven.

Having regard to the fact that the defendant had no prior record and that this breach could not be considered anything near a worst case, the Magistrate imposed a fine of $1500.

The defendant appealed the decision and the matter was heard before the Hon Justice Wallwork in the Supreme Court of Western Australia. The defendant's appeal was dismissed and the fine of $1500 was unchanged.