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Prosecution Details

Defendant AFI (WA) Pty Ltd
Trading Name Australian Furniture Importers and Wholesalers
Regulation 4.37(1)(f)
Offence Date Between 1/4/2003 and 10/6/2003
Description of Breach(es)

Being an employer, failed to ensure that every dangerous part of a mobile powered plant was as far as practicable, securely fenced or guarded in accordance with regulation 4.29; 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 furniture importing and sales business operating at Malaga. The defendant employs a number of persons to work at these premises, both in the showroom area and in the warehouse area of the premises.

On 9 June 2003 a WorkSafe inspector was at the defendant's premises conducting an investigation into an unrelated matter when he noticed a Black and Decker saw that had been horizontally mounted on a kitchen table located just inside one of the access doors to the warehouse area of the premises. The saw had been mounted in such a way that there was no guard covering the exposed blade. The blade was raised approximately 3mm above, and horizontal to, the work surface. Operators and persons passing in close proximity to the saw were in danger of coming into inadvertent contact with the unguarded saw blade. The defendant had performed the work to mount the saw horizontally on the kitchen table so that the saw could be used to level chair legs.

The saw had been in use by employees of the defendant at its premises on a regular basis since at least 1 April 2003.

The Black and Decker circular saw is manufactured with a retracting guard fitted that the defendant had removed in order to mount it horizontally on the kitchen table. After the inspector's visit the saw was fitted with a guard that completely covered the exposed blade at all times other than when the chair leg was placed upon the blade to be cut. The fitting of the guard did not effect the operation of the saw.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 24 Sep 2004
Court Perth Court of Petty Sessions
Fine $2,500
Costs $178.45
Charge Number 40423/04