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Prosecution Details

Defendant Golden Mile Orchards Pty Ltd
Section 19(3)(b) and 19(8)
Regulation 4.37(1)(f)
Offence Date S19(3) - Between 29/10/2001 and 8/8/2002. R4.37(1)(f) - 29/10/2001
Description of Breach(es)

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.

Being an employer at a workplace, failed to provide measures to prevent, as far as was practicable, the use of plant, in a manner that could render that plant a hazard to a person at the workplace 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 fruit growing business from two locations at Donnybrook.

On 29 October 2001 an employee of the defendant, was operating an electric Ryobi circular saw that was fitted to a Triton work centre at the workplace. He was using the saw to cut timber into spreader sticks that are then used to train the fruit trees. The employee cut a number of the sticks which formed a pile. After cutting one stick the employee leant down to check the stick. He put his hand out to steady himself and his hand made contact with the blade of the circular saw. The saw was exposed and was not in any way guarded.

A guard is available from the manufacturer of the work bench at a recommended retail price of $36.80.

The employee severely lacerated his left hand requiring hospitalisation. His first medical certificate provided that he would be unfit for work for a period of 6 weeks.

The Defendant did not report the accident to the Commissioner of WorkSafe until 8 August 2002, almost a year after the accident. Further, the accident was only reported after a WorkSafe inspector issued an improvement notice requiring the accident to be reported.

The defendant pleaded guilty to both charges.

Outcome Summary Convicted
Conviction Date 07 Jul 2004
Court Bunbury Court of Petty Sessions
Fine S19(3) - $3,000. R4.37(1)(f) - $5,000
Costs $387.70