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Prosecution Details

Defendant Golden Mile Orchards Pty Ltd
Regulation 4.37(1)(f)
Offence Date Wednesday, 7 August 2002
Description of Breach(es)

Being an employer at a workplace, failed to provide measures to prevent, as far as was practicable, the use of plant, namely a powered take off on a spray tank unit, in a manner that could render that plant a hazard to a person at the workplace; 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 fruit growing business from two locations at Donnybrook.

On 7 August 2002 WorkSafe Inspectors conducted a compliance inspection at the workplace to follow up on improvement notices that had previously been issued. The inspectors observed a Fiat 45-66 tractor with a spray feed unit fitted. The spray feed equipment was attached to the tractor by a power take off coupling ("PTO"). The shaft of the PTO was adequately guarded, however the power input coupling was not guarded. When operating the power input coupling rotates at high speed and if exposed poses a risk of entanglement.

The guarding of the PTO was subsequently extended to include the power input coupling. The defendant had previously been issued with a prohibition notice in respect of safeguarding of PTO's in March 2000.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 04 Nov 2004
Court Bunbury Court of Petty Sessions
Fine $6,000
Costs $497.70