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 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 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 |