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Prosecution Details

Defendant SBF Engineering Pty Ltd
Trading Name SBF Shipbuilders
Section 19(3)(b) x 3
Regulation Not Applicable
Offence Date 19 March 1996 [1]; 9 May 1996 [2]; 26 September 1995 [3]
Description of Breach(es)

Failed to report forthwith accidents occurring at a workplace to the WorkSafe Western Australia Commissioner as specified in regulation 201(1)(e).

Background Details

(1) On 19 March 1996 the injured employee lacerated his right thumb when using a trimmer. He was off work for 13 days.

(2) On 9 May 1996 the injured employee suffered an amputation and laceration of his fingers on his left hand whilst grinding. He was off work for a period of 3 months.

(3) On 26 September 1995 the injured employee suffered tendon and nerve damage and loss of part of his fingers on his right hand when he tripped whilst carrying a steel plate. He was off work for 12 weeks.

In handing down the penalty the Magistrate referred to comments by the Prosecutor on reasons for reporting accidents. The Prosecutor's comments were that such accidents need to be reported so that enquiries or investigations can be carried out to ensure compliance with legislation and to ensure that measures are put in place to prevent a reoccurrence. The Magistrate also took into consideration the companies previous convictions and that the maximum penalty of $25,000 showed the government were sending a clear message on the seriousness of breaches of section 19(3).

The magistrate also took into account that the company had, since the accidents, embarked on a Safety and Health assessment through a consultant.

Outcome Summary convicted
Conviction Date 25 Jun 1997
Court Rockingham Court of Petty Sessions
Fine $1000 each charge (total $3000)
Costs $374.50
Charge Number R01327/97 [1]; R01328/97 [2]; and R01329/97 [3]