Prosecution Details

[1] Being an employer at a workplace, failed to provide measures to prevent, as far as was practicable, the use of plant, namely a "Kwik Lok" bag closing machine, in a manner that could render that plant a hazard to a person at the workplace.

[2] Being an employer at a workplace, failed to provide measures to prevent, as far as was practicable, the use of plant, namely a two-arm dough mixer, in a manner that could render that plant a hazard to a person at the workplace.

[3] Being an employer at a workplace, failed to provide measures to prevent, as far as was practicable, the use of plant, namely a depanner, in a manner that could render that plant a hazard to a person at the workplace.

The defendant operated a bakery in Perth

On 21 September 2000 a WorkSafe Inspector inspected the defendant's premises and identified a number of hazards. The inspector identified a number of pieces of machinery that were such that plant could be used in such a manner as to render it a hazard to persons at the workplace.

First, the inspector identified a "Kwik Lok" bag-closing machine that did not have a nip point of the belt/pulley system guarded. It was possible to guard that nip point with a plate guard.

Secondly, the inspector identified a two-arm dough mixer that did not have a guard fitted to it. It is possible to fit this type of mixer with a perspex guard and interlock switches so that when the guard is open the interlock switches stop the mixer operating or prevent it from operating.

Thirdly, the inspector identified a depanner that did not have the nip point of the sprocket frame system guarded. It was possible to guard the nip point with a plate guard.

As a result of the inspector's observations he issued the defendant with a number of improvement notices on 29 September 2000. When the WorkSafe inspector returned to the premises on 16 February 2001 those items of plant had not been guarded.

No plea was entered.