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Prosecution Details

Defendant Densford Pty Ltd
Trading Name Not applicable
Section 19(1)(a) and 19(7)
Regulation Not applicable
Offence Date Wednesday, 3 February 1999
Description of Breach(es)

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards and in particular failed to provide and maintain a system of work such that, so far as was practicable, its employees were not exposed to hazards.

Background Details

The defendant was carrying out earth work extensions at the Perth Domestic Airport when their employee was struck by a grader and seriously injured (fractured pelvis) whilst carrying out survey assistant duties.

It was practicable for the defendant to have provided a system of work in which the risk of machines coming into contact with persons was removed or mitigated. One such system is the use of exclusion zones whereby machines cannot operate within a certain distance of a person unless that person is specifically permitted to be inside the exclusion zone. The circumstances under which the work was being carried out included the following:

* not all machines being used had reverse alarms;
* there was no radio communication between those involved in surveying work and those operating machines;
* reflective vests were not being worn by those involved in surveying work;
* the airport was a noisy and often distracting place to work;
* machines of the type being used have blind spots; and
* spotters were not being used.

The defendant pleaded guilty. The penalty was imposed under section 19(7).

Lead Image
Outcome Summary


Conviction Date 21 Feb 2001
Court Perth Court of Petty Sessions
Fine $15,000
Costs $538.70
Charge Number 6145/01