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Prosecution Details

Defendant Morton Seed and Grain Pty Ltd
Section 48(4) and 54
Offence Date Between 7/10/2002 and 22/1/2003
Description of Breach(es)

Being a person to whom an improvement notice was issued on 6 September 2002 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; contrary to sections 48(4) and 54 of the Act.

Background Details

The defendant operated a grain processing business from a number of sites including premises at Wagin.

On 6 September 2002, WorkSafe inspectors attended the Wagin premises to conduct an inspection. At that time they issued a number of notices including the improvement notice in question. WorkSafe did not receive notification of compliance and sent follow up letters to the defendant.

On 20 January 2003 an inspector contacted the manager of the Wagin premises and advised that a follow up inspection would occur on 22 January 2003 and the inspectors subsequently conducted the inspection.

The improvement notice was issued in respect of inadequately guarded plant in the sizing and grading sheds at the workplace. The notice lists V belts, chain drives and rotating shafts as items requiring further guarding. When verified it appered that no changes had been made to the guarding of the plant.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 17 Feb 2004
Court Narrogin Court of Petty Sessions
Fine $5,000
Costs $387.70
Charge Number 191/04