Prosecution Details

(1)-(3) Being a person to whom improvement notices were issued, and not having applied for a review of the improvement notices pursuant to sections 51 and 51A of the Occupational Safety and Health Act 1984, did not comply with the improvement notices within the time specified therein.

(4) Having altered plant, namely a panel saw, in a manner which could render the plant a hazard to any person at a workplace, when that alteration did not occur by way of dealing with an accident or emergency.

The defendant operated a workplace for manufacturing cabinets and other furniture.

During an inspection on 11 October 2001 improvement notices were issued to the defendant requiring:
- return of the guard from a surface planer/buzzer,
- fitting an air filter on the spray booth, and
- the connection of a bandsaw dust extractor.

The expiry date for these notices was 16 November 2001. The defendant did not complete and return the compliance slips for these improvement notices.On 9 January 2002 and 8 February 2002 the inspector attended the defendant's premises and observed a person operating a panel saw without the top guard in place.

It was subsequently established none of the notices had been complied with.The defendant pleaded guilty and in mitigation provided the court with detailed information about the circumstances of his business.

The defendant pleaded guilty.