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Prosecution Details

Defendant Biddle Pty Ltd
Trading Name Cabinet Creations
Section 48(4)
Offence Date Between 21 January 2003 and 7 April 2003
Description of Breach(es)

Being a person to whom improvement notice 70004299 was issued on 5 December 2002, 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 cabinet making business in Belmont.

Upon inspecting the Belmont premises the WorkSafe inspector found a number of matters requiring attention and therefore issued a number of improvement notices. One of the notices related to the use of a forklift truck at the workplace by the Managing Director. The notice required the operator be trained in forklift operation to meet the requirements of the National Guidelines for Occupational Safety and Health Competency Standards pursuant to regulation 4.55(1)(a).

The notice compliance date was 20 January 2003. Notification of compliance was not received by WorkSafe and a follow-up letter was sent to the defendant. No further response was received, therefore the WorkSafe inspector visited the workplace on 8 April 2003. The defendant subsequently enrolled in a training course for safe operation of forklifts.

The defendant did not enter a plea and was charged pursuant to Section 136AA of the Justices Act.

Outcome Summary convicted
Conviction Date 29 Oct 2003
Court Perth Court of Petty Sessions
Fine $5,000
Costs $257.70
Charge Number 45562/03