Prosecution Details

Being the employer of its employee, who incurred an injury of a kind prescribed in the Occupational Safety and Health Regulations 1988 made under the Occupational Safety and Health Act 1984 for the purposes of Section 19(3) of the Act, namely an injury that resulted in the employee being absent from his employment for 10 or more working days, failed to notify forthwith the WorkSafe Western Australia Commissioner in the prescribed form giving such particulars as are prescribed.

On 11 June 1996 the leading hand/backhoe operator was digging a trench for a vee section at CBH, the section being approximately 5m x 3m. The final depth of the trench is approx 5.06m. The backhoe rolled into the pit and the operator sustained a fractured right knee. The injury was not reported to the Commissioner as required by the legislation.