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Prosecution Details

Defendant Action Supermarkets Pty Ltd
Section 48(4)
Offence Date Between 15 December 2001 and 12 March 2002
Description of Breach(es)

Being a person to whom improvement notice 132614 was issued on 14 November 2001, and not having applied for a review of the improvement notice pursuant to sections 51 and 51A of the Occupational Safety and Health Act 1984, did not comply with the improvement notice within the time specified therein.

Background Details

The defendant operated a supermarket in Port Hedland.

On 14 November 2001 an Inspector investigating a previous injury to an employee using a mechanical pallet lifter concluded that appropriate personal protective equipment (in this case safety footwear) would have eliminated or reduced the risk of injury. The inspector issued an improvement notice to the defendant requiring appropriate personal protective equipment be provided to employees using manual handling equipment.

The date for compliance was 14 December 2001. On 10 January 2002 WorkSafe received a signed compliance slip from the defendant confirming that the requirements of the notice had been complied with. On 12 March 2002 an Inspector conducted a follow-up inspection at the defendant's premises and found that staff who were working in the shop near where a mechanical pallet lifter was being used, were not wearing safety footwear, nor had they been provided with such footwear.

The defendant pleaded guilty.

Outcome Summary convicted
Conviction Date 14 Feb 2003
Court South Hedland Court of Petty Sessions
Fine $2,500
Costs $257.70
Charge Number PH234/03