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Prosecution Details

Defendant Finwood Holdings Pty Ltd
Trading Name Softwood Logging Services
Section 19(3)(b)
Offence Date Between 3 April 2002 and 15 April 2002
Description of Breach(es)

Being the employer of an employee who on 28 March 2002 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 operated a tree harvesting business.

An employee was undertaking a maintenance check on a harvesting machine. The employee lifted the cover, which weighed approximately 10kg, of the harvester into a position where it would stay open in order for him do the maintainence. A gust of wind blew the cover onto the employee's hand and wrist causing a crush injury with a severe laceration and nerve damage and a compound fracture to his left hand.

The employee's first medical certificate stated he would be unfit for work for two weeks. The defendant did not report the accident to the WorkSafe Commissioner.

The defendant pleaded guilty.

Outcome Summary convicted
Conviction Date 27 Aug 2003
Court Armadale Court of Petty Sessions
Fine $1,000
Costs $197.70
Charge Number 5643/03