skip navigation

Prosecution Details

Defendant Drummond Alexander Rogers
Section 19(3)(b) [2] and 19(8)
Regulation 6.3(1) [1]
Offence Date 25/11/2002 [1], between 6/12/2002 and 4/2/2003 [2]
Description of Breach(es)

[1] Performed prescribed work, namely rigging, when he did not hold a certificate of competency that he was required by the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment {NOHSC:1006 (1995)} to hold to perform that work; contrary to Regulation 6.3(1) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

[2] Being the employer of an employee who incurred an injury of the kind prescribed in the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984, for the purposes of section 19(3) of the Act, namely an injury which, in the opinion of a medical practitioner, was likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred, failed to forthwith notify the Commissioner in the prescribed form giving such particulars as are prescribed; contrary to Sections 19(3)(b) and 19(8) of the Act.

Background Details

The defendant operated a concrete fabrication business.

On 25 November 2002 an employee was working with the defendant at a farm in Narrogin. The operator of the farm had engaged the defendant to lay the slab and erect tilt up concrete panels for a large pre-fabricated shed on the farm.

The process for erecting the tilt up panels involved a crane operator lifting the panels and the defendant and the employee assisting to position the panels between columns. In the course of lifting a panel it became caught on the footings and could not be readily moved into position. Using a panel bar the defendant helped to manoeuvre the panel in against the column. In doing so the employee's left hand was crushed between the panel and the column resulting in a fractured metacarpal.

[1] The National Occupational Health and Safety Certification Standard specifies that tilt panel erection is rigging work for which a certificate of competency is required. The defendant did not hold such a certificate of competency nor did the crane operator or the employee.

[2]The employee was taken to hospital and subsequently on 6 December 2002 he took the first medical certificate and a workers compensation form to his employer. The medical certificate provided that the employee would be unfit for work for a period of 14 days from the date of the accident. The defendant failed to report the accident until 5 February 2003 following having been told to do so by WorkSafe inspectors.

The defendant pleaded guilty to both charges.

Outcome Summary


Conviction Date 16 Apr 2004
Court Perth Court of Petty Sessions
Fine $1500[1], $1000[2]
Costs $193.85[1], $193.85[2]
Charge Number 192/04[1], 193/04[2]