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Prosecution Details

Defendant Sunshine General Industries Pty Ltd
Section 19(1)(a) and 19(7)
Offence Date Friday, 19 January 2001
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 and in particular failed to provide and maintain plant such that, so far as was practicable, its employees were not exposed to hazards and, by that failure, caused serious harm to an employee.

Background Details

The defendant manufactured and assembled sheet metal components for a range of gas appliances from its premises at Welshpool.

An employee of the defendant was operating a power press in which he was required to place pieces of sheet metal into the press, depress the machine using a foot pedal and then remove the moulded pieces of sheet metal. The press was fitted with a front guard. For safety reasons, the press should not have been able to operate (even after the pedal was depressed) unless the guard was closed. This was necessary because of the tendency of machine presses to double stroke.

The employee was removing a piece of sheet metal with the front guard raised when the power press came down on his hand. He did not depress the pedal at the time, and the power press was set to a single cycle. It appears that the power press double stroked. An assessment of the power press concluded that the press's clutch was worn out and faulty.

The employee suffered severe injuries to his right hand including the amputation of parts of his right index, middle and ring fingers.

The defendant pleaded guilty. The penalty was imposed under section 19(7). The Magistrate residing was Mr Cicchini SM.

Outcome Summary


Conviction Date 31 May 2002
Court Perth Court of Petty Sessions
Fine $12,500
Costs $83.70
Charge Number 45668/01