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Prosecution Details

Defendant Finesse Holdings Pty Ltd
Regulation 3.17(1)(c) [1]; 4.37(1)(b) [2]; and 3.12(2)(b) [3]
Offence Date Between 4 September 2000 and 25 April 2001
Description of Breach(es)

[1] Being an employer at a workplace, failed to ensure, as far as was practicable, that dust was prevented from being released into the atmosphere.

[2] Being an employer at a workplace, failed to provide measures to prevent, as far as was practicable, the use of plant, namely a trimmer, 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 ensure, as far as was practicable, that persons trained in first aid were available to give first aid at the workplace having regard to the type of hazards to persons at the workplace, the risk of those hazards and the number of persons at the workplace.

Background Details

The defendant operated a furniture manufacturing business in Bibra Lake.

On 5 September 2000 a WorkSafe Inspector, inspected the defendant's premises and issued a number of improvement notices in relation to matters he found to be unsatisfactory at the workplace. He returned to the workplace on 6 December 2000, at which time he interviewed a director of the defendant. The director admitted that three of the matters causing concern to the Inspector had not been rectified. On 24 April 2001 the WorkSafe Inspector visited the workplace again and two of the matters had still not been rectified.

The first of those matters was that there was no dust extraction system at the workplace to prevent sawdust from entering the atmosphere. It was practicable for the defendant to have provided a mobile dust extractor, which could have been used on different machines at different times.

The second matter was an unguarded trapping point of the belt/chain system of the double-end trimmer. The trapping point could have been protected by a swinging guard, which would have prevented body parts of persons coming into contact with the trapping point, but would have permitted material to enter the machine.

Finally, the WorkSafe Inspector was concerned with the fact that there was not anyone in the workplace trained in first aid.

When interviewed on 6 December 2000, the director indicated he would be doing a first aid course during the Christmas holidays. He said he was awaiting finance for the dust extraction system and the trapping point had not been guarded because his maintenance persons had not been in.

The defendant pleaded guilty. The matter was heard before Mr Wheeler SM.

Outcome Summary convicted
Conviction Date 26 Feb 2002
Court Fremantle Court of Petty Sessions
Fine $5,000
Costs $273.70
Charge Number 11464/01 [1]; 11465/01 [2]; and 11466/01 [2]