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Prosecution Details

Defendant Quality Bakers Australia Limited
Trading Name Buttercup Bakeries
Section 19(1)(a) and 19(7)
Regulation Not applicable
Offence Date Tuesday, 14 November 2000
Description of Breach(es)

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

Background Details

The defendant is a large commercial producor of bakery products. A baker employed by the defendant, was operating an industrial muffin making machine. After having made one type of muffin the employee was required to clean the hopper of the dough divider before dough for a different type of muffin could be fed into the hopper. A small platform adjacent to the hopper was provided to enable employees to clean the hopper. A mobile platform was used to provide access to the small platform.

When descending from the small platform, after having cleaned the hopper, the employee slipped on the platform and fell to the floor striking the handrail of the mobile platform on the way down. At the time of the accident no hand railing was fitted to the small platform. The employee had grasped the front edge of the hopper with his right hand for support when attempting to descend from the small platform.

Due to the steep step on the small platform, which was its means of access, in order to safely access the platform some form of hand railing was necessary. The edge of the hopper was not suitable for use as a means of support when accessing the platform because the dough ingredients make it slippery. The platform itself was also slippery from the dough ingredients.

Following the accident handrails were fitted to the small platform. Hand railing made of square hollow sectional steel was fitted to the platform adjacent to the hopper and tubular hand railing consisting of a vertical and a horizontal rail was fitted to the rear of the platform.

The employee suffered injuries to his neck and shoulder and as of 3 months after the accident had not returned to work.

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

Lead Image
Outcome Summary


Conviction Date 12 Jul 2001
Court Perth Court of Petty Sessions
Fine $13,000
Costs $327.70
Charge Number 31316/01