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Prosecution Details

Defendant John Benny Della Franca
Trading Name WA Pemberton Timbers
Regulation 4.44(5)
Offence Date Between 31 July 2000 and 13 February 2001
Description of Breach(es)

Being a self-employed person at a workplace where there was powered mobile plant, namely a Massey Ferguson 393 Tractor, that was fitted with a roll-over protective structure and has seat belt attaching points incorporated into its original design, failed to ensure that the plant was fitted with a seat belt at each set of attaching points.

Background Details

The defendant operated a sawmill and fruit crate manufacturing business from a farming property in Pemberton.

On 28 June 2000 a WorkSafe inspector observed the defendant operating a new red Massey Ferguson 393 tractor, which was fitted with a rollover protective structure, but no seat belts. Upon inspection of the tractor it was apparent that the tractor had seatbelt attachment points incorporated into its original design.

The defendant admitted that he owned the tractor and that it had been supplied with a seatbelt. He said he removed the seatbelt because it 'got in the way' and he never used it. The defendant was issued with an improvement notices requiring him to fit the tractor with a seatbelt by 30 July 2000. The WorkSafe inspector visited the workplace after the compliance date and found that the tractor had still not been fitted with a seatbelt.

Outcome Summary convicted
Conviction Date 26 Jul 2001
Court Manjimup Court of Petty Sessions
Fine $500
Costs $307.70
Charge Number 3588/01