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Prosecution Details

Defendant Derby Industries Pty Ltd
Section 19(3) and 19(8)
Offence Date Between 28/2/2002 and 6/3/2002
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.

Background Details

The defendant operates a bacon and small goods production company located at Midvale and employs approximately 50 people.

On Friday 22 February 2002 an employee was injured at work when a large square stainless steel bacon cage weighing approximately 340kg fell on his right foot. The emplyoee attended a medical centre on 22 February 2002 for initial treatment. At that time his doctor formed the view that the employee would be unfit for work for the rest of that day. The doctor reviewed the employee on 25 February and again on 27 February 2002 and on both of those dates continued of the view that the employee was unfit for work. On 1 March 2002 the doctor reviewed the employee and formed the view that he would be unfit for work until 5 March 2002. Thus at this point the doctor had formed the opinion that the employee would not be fit to return to work within 10 days of his injury (ie by 4 March 2002).

The employee provided a medical certificate completed by the doctor to the defendant straight after each appointment with the doctor.

The defendant did not report the accident to the Commissioner of WorkSafe at all. WorkSafe become aware of the injury after a complaint was made to WorkSafe.

The defendant had been issued with an improvement notice in 1998 in regard to its duty to notify the Commissioner of injuries to employees that result in the employee being unfit to return to work within 10 days of the injury.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 03 Sep 2004
Court Midland Court of Petty Sessions
Fine $1,200
Costs $178.45
Charge Number 5755/04