|Defendant||D&G Hoist Hire Pty Ltd|
|Trading Name||Not applicable|
|Section||21(1)(b) and 21(2)|
|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.
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.
|Conviction Date||11 Apr 2001|
|Court||Perth Court of Petty Sessions|