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Prosecution Details

Defendant Calamar Enterprises Pty Ltd
Trading Name Harlsan Industries
Regulation 3.98(1)(b) x 2 and 3.34(1)(e)
Offence Date Tuesday, 4 February 2003
Description of Breach(es)

Charge 1

Being an employer at a workplace at which gas welding, heating, cutting or an allied process is done, failed to ensure that a flashback arrester was fitted to the blowpipe of a manifolded cylinder pack; contrary to regulation 3.98(1)(b) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Charge 2

Being an employer at a workplace at which gas welding, heating, cutting or an allied process is done, failed to ensure that a flashback arrester was fitted on the operator’s side of each regulator connection or gas discharge of a manifold cylinder pack; contrary to regulation 3.98(1)(b) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Charge 3

Being an employer required under regulation 3.1 of the Occupational Safety and Health Regulations 1996 to identify a hazard and to assess the risk of injury or harm to a person resulting from the hazard, and having concluded that personal protective equipment should be used at the workplace, failed to ensure that the area of the workplace at which the equipment is required to be used was identified by signs in accordance with and complying with AS 1319; contrary to regulation 3.34(1)(e) of the Regulations made under the Occupational Safety and Health Act 1984.

Background Details

The Defendant t/as Harlsan Industries is in the business of metal fabrication. It operates out of premises in Kalgoorlie.

Charges 1 & 2
On 4 February 2003 a WorkSafe Inspector attended the workplace and observed an employee using a gas blowpipe that was not fitted with a flash back arrestor. The gas cylinders, both oxygen and acetylene supplying this hand piece were fitted with flash back arrestors but the blowpipe was not. The purpose of flashback arrestor is to stop the flame from the torch from blowing back through the torch and getting into the pipe or the cylinder, thus preventing flame from contacting the gas, which could cause an explosion.

There was also another gas welding/heating set comprising an oxygen bottle, a liquid petroleum gas cylinder, hoses and a hand piece fitted with a heating nozzle, that was ready for use in the workplace but was not fitted with a flash back arrestor on the operator's side of the regulator connection.

The defendant had previously on 24 October 2002 been issued with improvement notice 129872 directing the defendant to ensure that all oxy-acetylene or oxy-LPG sets are fitted with flashback arrestors after the regulator and on the handpiece and had advised WorkSafe that it had complied with this notice.

Charge 3
During the inspection on 4 February 2003 the Inspector saw a bench grinder ready for use in the workshop area of the defendant's premises. The use of this bench grinder had previously been identified by the defendant as requiring eye goggles, earplugs and facemask to be used. There was no signage indicating the personal protective equipment required to be used and no personal protective equipment was located on or near the bench grinder.

The defendant had on 24 October 2002 been issued improvement notice 129870 directing the defendant to place signage concerning the need for personal protective equipment to be used when using the bench grinder. The defendant had complied with that notice.

The defendant pleaded guilty.




Outcome Summary Convicted
Conviction Date 23 Jul 2004
Court Perth Court of Petty Sessions
Fine $1,500 (global)
Costs $218.45