skip navigation

Prosecution Details

Defendant H.B.M. Nominees Pty Ltd
Trading Name Jayde Transport
Section 19(1) and 19(7)
Offence Date Friday, 19 November 2004
Description of Breach(es)

Being an employer, did not so far as practicable, provide and maintain a working environment in which its employees were not exposed to hazards, and by that contravention caused serious harm to an employee; contrary to sections 19(1) and (7) of the Occupational Safety and Health Act 1984.

Background Details

The Accused operated a business transporting freight by truck.

On 19 November 2004 a truck carrying equipment arrived in the Accused's yard in Maddington for unloading. An employee of the Accused had partially unloaded the truck with a forklift when he saw that two Herless panbrake machines (the Panbrakes) needed to be unloaded from the truck. When the employee had previously moved a Herless machine it slid off the tynes of his forklift. As a result he asked another employee to unload the Panbrakes with his forklift whilst the injured employee walked next to each Panbrake and steadied it so it did not fall off the tynes of the forklift.

Whilst the driver was reversing his forklift with the second Panbrake on the tynes and the injured employee was walking along holding it onto the tynes, the Panbrake slid off the tynes and onto his left foot. His left foot was trapped under the Panbrake until other employees used another forklift to move it off his foot.

The injured employee was taken by ambulance to Royal Perth Hospital. His left big toe was subsequently amputated. He did not receive any training or instructions that would assist him when moving items, such as the Panbrake, that cannot be easily secured to the tynes of a forklift.

Subsequent to the accident the Accused arranged for the supplier of the Panbrake to deliver all machines to its yard on crates that can be lifted securely by a forklift.

The Accused pleaded guilty.

Outcome Summary Convicted
Conviction Date 29 Jul 2005
Court Magistrates Court of Western Australia - Perth
Fine $14,000
Costs $300
Charge Number 36066/05