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Prosecution Details

Defendant Rangal Pty Ltd
Trading Name A & N Fontanini
Regulation 4.37(1)(f)
Offence Date Tuesday, 29 July 2003
Description of Breach(es)

Being an employer, failed to ensure that every dangerous part of a mobile powered plant, namely the power input coupling of a rotating power take off shaft between a Lamborghini tractor and an AGIP mulcher, 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 fruit orchard business located in Manjimup.

On 30 July 2003 WorkSafe Inspectors conducted a compliance inspection at the workplace to follow up on a prohibition notice that had previously been issued in relation to unguarded power take-off equipment. The inspectors observed a Lamborghini tractor with an AGIP mulcher fitted. The mulcher was attached to the tractor by a power take off (PTO) coupling. The PTO coupling was not guarded thus exposing the universal joint.

When operating the PTO shaft and coupling rotates at high speed and if exposed poses a risk of entanglement. The tractor and mulcher unit had been operated the previous day, 29 July 2003, by an employee of the defendant with the power input coupling unguarded.

The defendant had previously been issued with notices in respect of safeguarding of PTO's on 21 August 2002.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 17 Jan 2005
Court Bunbury Court of Petty Sessions
Fine $6,000
Costs $288.45
Charge Number 4359/04