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Prosecution Details

Defendant Skypath Pty Ltd
Trading Name Supa Valu Crawley
Section 19(1) and 19(6)
Offence Date Wednesday, 17 August 2005
Description of Breach(es)

Being an employer failed, so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards contrary to sections 19(1) and 19(6) of the Occupational Safety and Health Act 1984.

Background Details

On 15 August 2004 and 17 August 2004 the Accused operated a supermarket at Dalkeith.

On 15 August 2004 and Tuesday 17 August 2005 the Accused employed a person to access stock stored on high shelving, unpack it and stack it onto the lower shelves. Her position was called Night Fill.

On 15 August 2004, which was the Night Filler's first day of employment by the Accused, the Accused's Check Out Supervisor gave the Night Filler a ladder to stand on so that she could reach the stock stored on high shelves. The Night Filler saw the other Night Fill employees stand on three milk crates stacked together to reach the stock stored on high shelves. The crates were stacked so that one stood on top of the other and a third crate acted as a step up onto the two crates stacked one on top of the other.

On 17 August 2004 the Night Filler's manager gave her three plastic milk crates to use as a ladder. She stacked the crates in the same way that she had seen the Accused's other employees stack them, and then used them as ladder. While carrying out work for the Accused at about 8.30pm that evening she fell off the crates when one of them cracked and caused her to lose her balance.

As a result of her fall from the crates the Night Filler lost consciousness for a few seconds, and sustained bruising to her back, sprained her left knee and fractured a rib.

The Accused pleaded guilty.

Outcome Summary Convicted
Conviction Date 29 Jul 2005
Court Magistrates Court of WA - Perth Registry
Fine $3,500
Costs $398.45
Charge Number 36063/05