Prosecution Details

Being an employer, failed so far as was practicable to provide and maintain 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.

The defendant operated a furniture manufacturing business in Bassendean.

On 4 July 2001 an employee was using a pneumatic stapler to make a wooden frame for a recliner chair. The pneumatic stapler had been altered so that the contact trip safety guard had been removed, and three pieces of MDF had been inserted in the trigger.

The contact trip operates as a safety device by preventing a staple from being fired without first placing the pneumatic stapler in position, and depressing the contact trip. The alterations enabled the pneumatic stapler to fire continuously, without first having to depress the contact trip.

When the employee was using the pneumatic staper, the wooden frame slipped on the workbench. As a result of the missing contact trip and the shortened trigger time, a staple was fired from the pneumatic stapler and lodged in the employee's left wrist.

It was practicable for the defendant to have provided an unaltered stapler, removed the altered stapler from service, and repaired it before returning it to the workshop.

The defendant pleaded guilty. The penalty was imposed under section 19(6).

convicted