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Prosecution Details

Defendant Shire of Nungarin
Section 19(1)(d) [1] and 19(3) [2]
Offence Date 31 May 2000 [1] and On or about 14 June 2000 [2]
Description of Breach(es)

[1] Being an employer, where it was not practicable to avoid the presence of hazards at the workplace, failed to provide its employees with such adequate personal protective clothing and equipment as was practicable to protect those employees against those hazards.

[2] Being the employer of an employee who incurred an injury of the kind prescribed in the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984, for the purposes of section 19(3) of the Act, namely an injury which, in the opinion of a medical practitioner, was likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred, failed to forthwith notify the Commissioner in the prescribed form giving such particulars as are prescribed.

Background Details

The defendant employed a person as a plant operator. On 31 May 2000 the plant operator and fellow employees were using a rodding machine, which is used to clear pipelines and sewerage pipes. Whilst standing near the inspection port guiding the rods with his left hand and feeding the rods forward towards the inspection port with his right hand, his right glove began to grip on the rotating rod. As the rod rotated the grip tightened and began to twist the plant operator's arm which forced him to fall and land underneath the rod. His right hand was wrapped around the rod. He suffered injuries to his right wrist and shoulder and did not return to work until November 2000. The defendant did not report the injury to the Commissioner.

The defendant pleaded guilty.

Outcome Summary convicted
Conviction Date 03 Oct 2003
Court Perth Court of Petty Sessions
Fine $10,000 [1] and $5000 [2]
Costs $367.70
Charge Number MD188/03 [1] and MD189/03 [2]