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Prosecution Details

Defendant Fermor Pty Ltd, Anne Jones and Robey Jones
Trading Name Robey Jones & Co
Section 19(3) and 19(8) x 3 charges
Offence Date Between 24/11/2003 and 23/12/2003
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 pelvis, 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 wheat and sheep farming business located in Mukinbudin.

On 22 November 2003, an employee of the defendants was placing the lid on the top of a full grain storage silo at the defendants' farm when the silo collapsed. As a result the employee fell approximately 6 metres to the ground and was buried under the lupins that had been stored in the silo.

As a result of the accident, the employee sustained a fracture of his pelvis and required hospitalisation. The defendants became aware that the employee had suffered a fractured pelvis on 25 November 2003.

The defendants did not report the accident to the Commissioner of WorkSafe until 23 December 2003, after a WorkSafe inspector had informed the defendants of the legislative requirement to notify the WorkSafe Commissioner of an injury as prescribed in the Occupational Safety and Health Act. WorkSafe had become aware of the injury after a member of the police coronial inquiry section contacted WorkSafe to inform them that the employee had died in hospital following a workplace accident.

By the time WorkSafe became aware of the accident, the employee was deceased and there was no other witness who had seen the entire accident occur. The silo involved had been moved to a different location and its evidential integrity had been compromised. Due to the delay in WorkSafe becoming aware of the accident in this case, WorkSafe's ability to effectively investigate the accident and whether or not there had been any breach of the Occupational Safety and Health legislation by any party had been significantly compromised.

The defendants pleaded guilty.

Outcome Summary Convicted
Conviction Date 08 Feb 2005
Court Perth Court of Petty Sessions
Fine $2,500 (Global)
Costs $68.45 x 3 plus $210
Charge Number B15/05, B16/05, B17/05