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Prosecution Details

Defendant KGT Freight Management Pty Ltd and Bolaro Investments Pty Ltd
Trading Name KGT Freight Management
Section 19(3) and 19(8)
Offence Date Wednesday, 14 May 2003
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 a fracture of the right lower leg, 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 defendants operate a refrigerated transport business and employs a number of people, including the injured employee.

On 7 May 2003 the injured employee was delivering goods to the general loading dock of the Coles Plaza Shopping Centre Albany Highway in Albany. The injured employee fell from the loading dock, a distance of approximately 1.2 metres onto the lower ground surface. The injured employee observed that the area below his right knee was misaligned and sticking out towards the left of his knee. After he had been injured the employee called a manager from the Albany office of the defendant's business. The manager attended the workplace, observed the employee's injury and immediately called an ambulance. The injured employee was taken to the Albany Regional Hospital and then transferred by Air Ambulance to Sir Charles Gairdner Hospital in Perth. It was later confirmed that the employee had sustained a fracture to his lower right leg and to his right heel.

The injured employee forwarded the Workers Compensation First Medical Form and all further information relating to his injury to the defendants' head office in Katanning. The defendants were aware that the employee had sustained a fracture of his lower leg and notified its Workers Compensation Insurer of that injury on 14 May 2003.

The defendants did not report the accident to the Commissioner of WorkSafe until 15 December 2003 after KGT Freight Management Pty Ltd had been instructed to do so by a WorkSafe Inspector. WorkSafe had become aware of the injury after a complaint had been made to WorkSafe.

The defendants pleaded guilty.




Outcome Summary Convicted
Conviction Date 16 Sep 2004
Court Albany Court of Petty Sessions
Fine $1200 - $600 from each company
Costs $649.27 payable by KGT Freight Management Pty Ltd
Charge Number 1411/04