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Prosecution Details

Defendant Phoenix Steel Sales Pty Ltd
Section 19(1) and 19(6)
Offence Date Tuesday, 23 July 2002
Description of Breach(es)

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards; contrary to Sections 19(1) and 19(6) of the Occupational Safety and Health Act 1984.

Background Details

The defendant operated a sheetmetal products manufacturing business.

An employee was using a crank press to produce kink washers. The press was operated using a foot control pedal. There was a fixed guard available for use with this machine. Towards the end of the previous shift one of the washers had jammed and the operator removed the guard so that the washer could be dislodged. The guard was not replaced before the next shift started.

When the employee commenced operating the crank press the guard was not in place. One of the washers became jammed in the trapping space and the employee put his hand into the trapping space to dislodge the jammed washer. Whilst doing this the employee inadvertently depressed the foot control pedal and the crank press was depressed and crushed the employees's index and middle fingers on his left hand. The index finger was partially amputated.

The defendant pleaded guilty.

Outcome Summary


Conviction Date 17 Dec 2003
Court Perth Court of Petty Sessions
Fine $5,000
Costs $387.70