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Prosecution Details

Defendant Harvey Fresh (1994) Ltd
Trading Name Harvey Fresh
Section 19(3) and 19(8)
Offence Date Between 9/6/2003 and 26/6/2003
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 defendant operates a dairy milk processing facility and a fruit juice production business operating out of two premises in Third Street, Harvey, and employs a number of people, including the injured employee.

On 6 June 2003 the employee was working at the defendant's premises at Lot 3 Third Street Harvey. As part of his duties as storeman, the employee was standing in the rear of truck located in the dispatch area of the workplace in order to release the loading ramp of the truck. Having released the loading ramp, the employee went to step out of the truck and at the same time the truck driver drove forward causing the employee to lose his balance and fall to the concrete floor approximately 1.5m below. The employee was taken to the Harvey Hospital and then transferred by ambulance to Bunbury Hospital where he was diagnosed as having a fractured pelvis.

On 10 June 2003 the employee gave workers compensation papers that indicated that the employee had sustained a fractured pelvis to another employee of the defendant and these were passed on to a senior employee of the defendant. At the very latest the defendant must have been aware of the nature of the employee's injury on or around 25 June 2003, when it received a copy of a letter from an orthopaedic surgeon that clearly indicated that the employee had sustained a fracture of his pelvis.

The defendant did not report the accident to the Commissioner of WorkSafe until 30 July 2003 after it had been instructed to do so by a WorkSafe Inspector. WorkSafe had become aware of the injury after an anonymous complaint had been made to WorkSafe.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 01 Apr 2005
Court Bunbury Court of Petty Sessions
Fine $3,000
Costs $450.45
Charge Number 2959/04