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Prosecution Details

Defendant Peters Creameries (WA) Pty Ltd
Trading Name Peters & Brownes Group
Section 19(1)
Regulation Not Applicable
Offence Date Monday, 1 April 1996
Description of Breach(es)

Being an employer failed to provide and maintain plant such that, so far as is practicable, his employees are not exposed to hazards.

Background Details

On 1 April 1996 an employee was cleaning a cottage cheese blender. The cleaning procedure required him to scrape the inside of the machine with a plastic scraper using his right arm.

There was no system of isolation (lock out or tag out) employed to prevent the item of plant from being started whilst the cleaning task was being performed.

During the cleaning operation a fellow employee commenced a conversation with the employee and lent against the left side of the machine near the electrical on/off switch. The machine started and entrapped the employee's right arm between the inside wall of the machine and the rotating paddle. The machine was immediately turned off.

Nature of injuries were severe soft tissue damage to right forearm.

Outcome Summary convicted
Conviction Date 06 May 1997
Court Bunbury Court of Petty Sessions
Fine $5,000
Costs $500
Charge Number 420/97