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Prosecution Details

Defendant PB Foods Pty Ltd
Trading Name Peters and Brownes Group
Regulation 4.37(1)(f) and 4.29
Offence Date Tuesday, 24 December 2002
Description of Breach(es)

Being a person having control of a workplace, failed to ensure that every dangerous part of a fixed or mobile powered plant was as far as practicable, securely fenced or guarded in accordance with regulation 4.29; contrary to regulation 4.37(1)(f) of the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984.

Background Details

The defendant operates a food production business from premises at Balcatta.

On 24 December 2002, a person was working as a production hand at the defendant's premises. The person was employed by a labour supply firm.

The person was working on a section of portable conveyor system in the ice cream packing section of the workplace. The person leant over the rollers of the conveyor system and put her arms on the stationary rollers. Her left hand was then drawn into a nip point of the conveyor between a slat belt and the roller system. Her fingers on her left hand were crushed and she was unfit for work for a period of approximately five weeks.

Following the accident the conveyor system was guarded to prevent access to the nip points and to reduce the risk of injury from contact with the nip points.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 25 Feb 2004
Court Perth Court of Petty Sessions
Fine $3,000
Costs $332.70
Charge Number 151/03