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Prosecution Details

Defendant Keith Norman Moore
Section 48(4) [2]
Regulation 5.21(2) [1]
Offence Date Between 14 February 2001 and 20 June 2001 [1] and Btween 21 March 2001 and 20 June 2001 [2]
Description of Breach(es)

[1] Being an employer, failed to ensure that records were kept of all induction and training required to be provided to each person at the workplace likely to be exposed to a hazardous substance, namely Isocyanates contained in Mirothane 878/890.

[2] Being a person to whom an improvement notice was issued on 20 February 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 French polishing business in Kelmscott.

In the course of their work employees use products such as Mirothane 878/890 that contain harzardous substances, namely Isocyanites, inside spray painting booths.

A WorkSafe inspector inspected the workplace and found that the defendant had no training records in respect of hazardous substances training required to be provided to employees pursuant to regulation 5.21. The WorkSafe inspector therefore issued an improvement notice, which the defendant did not comply with. Further, a spray booth at the workplace did not comply with the relevant Australian Standard.

The defendant pleaded guilty.

Outcome Summary convicted
Conviction Date 27 Aug 2003
Court Armadale Court of Petty Sessions
Fine $1500 (global penalty)
Costs $197.70
Charge Number 5964/03 [1] and 5965/03 [2]