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Prosecution Details

Defendant D&G Hoist Hire Pty Ltd
Trading Name Not applicable
Section 21(1)(b) and 21(2)
Regulation Not applicable
Offence Date Thursday, 27 January 2000
Description of Breach(es)

Being an employer, failed so far as was practicable to ensure that the safety of persons not being its emloyees was not adversely affected as a result of the work in which its employee was engaged.

Background Details

The defendant was a company contracted to do work at a construction site on Hay Street in Perth.

On the 27 January 2001 an employee was standing on the hoist car roof adjusting one of the main rollers on the hoist mast. He was using a 60cm pinch bar to lever the mast away from the hoist car. When he needed to use another tool he placed the pinch bar on top of one of the motors. He then bent down to pick up a spanner and knocked the pinch bar causing it to fall (approximately 13 metres) into a loading bay in Hay Street. Fortunately no one was injured.

The company had previously received directions from a WorkSafe Inspector to secure, with lanyards, tools and equipment being used on a mezzanine as there was the risk of them falling to the street below, which is accessed by workers and members of the public.

The defendant pleaded not guilty and was subsequently found to be guilty.

The Magistrate concluded that this offence was on the lower end of the scale in seriousness of offences. After hearing all the evidence, taking into account the defendant's unblemished record, that serious injury could have resulted, the fact that no injury occurred and the defendant's financial position, His Worship, Mr Lawrence SM imposed a fine of $4000.

The penalty was imposed under section 21(2) of the Act.

Outcome Summary


Conviction Date 11 Apr 2001
Court Perth Court of Petty Sessions
Fine $4,000
Costs $1,282.70
Charge Number 7390/01