skip navigation

Prosecution Details

Defendant Gregory Ross Jackson
Regulation 4.44(1)(a)
Offence Date Between 15 January and 2 October 2002
Description of Breach(es)

Being a person having control of a workplace where there was powered mobile plant, and there was a risk that the plant could overturn, failed, as far as was practicable, to limit the risk by the provision of an appropriate combination of operator protective devices, namely a roll over protective structure and a seat belt.

Background Details

The defendant operated an orchard in Lowden.

On 15 January 2002 a WorkSafe inspector attended the workplace and observed a trctor being operated in and around the orchard. The tractor did not have a roll over protective structure (ROPS) or seat belt fitted. The WorkSafe inspector formed the view that there was a risk that the tractor could overturn and subsequently issued an improvement notice to the defendant requiring ROPS and a seat belt to be fitted by 15 April 2002.

WorkSafe did not received notification of compliance with the notice, therefore an inspector visited the workplace on 25 September 2002 and observed that the tractor had not been fitted with ROPS or a seat belt. A further improvement notice was then issued to the defendant.

The defendant was interviewed on 2 October 2002 and admitted that the tractor was used for spraying and loading of trucks but he was the only person who used it. The notice was subsequently complied with.

The defendant pleaded guilty.

Outcome Summary convicted
Conviction Date 18 Aug 2003
Court Bunbury Court of Petty Sessions
Fine $400
Costs $197.70
Charge Number 2800/03