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Prosecution Details

Defendant Nile Holdings Pty Ltd
Regulation 4.37(1)(f)
Offence Date Friday, 4 October 2002
Description of Breach(es)

Being a person having control of the workplace failed to ensure that every dangerous part of plant, namely a cement mixer, was, as far as practicable, securely guarded in accordance with regulation 4.29; contrary to regulation 4.37(1)(f) of the Occupational Safety and Health Regualtions 1996.

Background Details

A pre-apprentice employed by another company was hired out to the defendant to gain experience, knowledge and training as a plasterer.

The pre-apprentice noticed that more mortar was needed for the plasterers so went to the mixer to get another mix. He had his left hand on the handle of the mixer, pulling towards him and his right hand on the gear housing to turn the mixer bowl towards him to unload the mix into a wheelbarrow. At this point he felt the tip of his middle finger of his right hand being dragged into the driver cog of the mixer bowl.

The pre-apprentice lost the tip of his middle finger.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 26 Nov 2003
Court Mandurah Court of Petty Sessions
Fine $2,500
Costs $267.70
Charge Number 2077/03