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Prosecution Details

Defendant Macaw Nominees Pty Ltd
Trading Name Mercer Mooney
Regulation 3.22
Offence Date Sunday, 28 November 1999
Description of Breach(es)

Being an employer at a workplace failed to ensure that the movement and speed of vehicles and plant at the workplace were managed in a way which minimised the risk of injury to pedestrians and persons operating vehicles.

Background Details

The defendant operates a fruit and vegetable wholesale business in Canning Vale. The premises consist of a warehouse with cool room facilities where fruit and vegetables are packed and palletised for loading onto trucks for deliveries.

One evening a cartage contractor arrived in his truck to pick up fruit and vegetables. The contractor entered the defendant's warehouse on foot through a large door marked 'Entry Only'. The door is covered by a curtain consisting of plastic strips which had lost their transparency through use.

The contractor entered the warehouse and stood on the inside of the entry door attempting to make contact with an employee of the defendant, as was the usual after hours practice at the defendant's warehouse.

The door inside which the contractor stood was also the main entry and exit point from the warehouse for forklifts which were loading and unloading trucks.

A forklift reversing through the door, collided with the contractor, causing serious inuries to his lower right leg. The forklift driver sounded the horn and was using flashing lights.

The curtains impeded the forklift operator's vision into the warehouse. Due to the fact that the contractor had a pronounced hearing loss, the contractor was unaware of the approaching forklift.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 14 Jun 2001
Court Perth Court of Petty Sessions
Fine $1,500.00
Costs $500.00
Charge Number 47210/00