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Prosecution Details

Defendant Noel Taylor Enterprises Pty Ltd
Regulation 4.37(3)(a)
Offence Date Tuesday, 18 December 2001
Description of Breach(es)

Being an employer at a workplace where access to plant, namely a pizza roller machine, was required for the purpose of cleaning and it was practicable to do the cleaning when the plant was stopped failed to ensure that, where practicable, the plant was stopped and all energy sources were isolated using isolation devices and locked out using lockout devices and that action to stop the plant and to return it to operational status was taken by a person authorised by it.

Background Details

The defendant operated a pizza shop in Kalgoorlie.

On 18 December 2001 a 15 year old employee was required to clean a pizza roller machine. The employee opened the back of the machine to clean the top set of rollers. The machine was not turned off and the energy sources were not isolated and locked out. As a consequence the top set of rollers were rotating when the employee was attempting to clean them.

While the employee was cleaning the top set of rollers, his right middle, ring and little fingers became caught in the rollers, and he sustained crush lacerations to those fingers.

The pizza roller machine used by the employee was fitted with an electrical interlock switch designed to ensure that if the back of the machine is opened, the rollers do not rotate. However for some time prior to 18 December 2001 the switch had been broken, and as a result it failed to prevent the rollers from rotating when the back was opened. The defendant was aware that this electrical interlock was broken.The defendant pleaded guilty.

Outcome Summary convicted
Conviction Date 16 Oct 2002
Court Perth Court of Petty Sessions
Fine $1,000
Costs $227.70
Charge Number 38196/02