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Prosecution Details

Defendant Graham Johnson
Trading Name Peronis in the Park
Section 19(1) and 19(6)
Offence Date On dates unknown between 11/5/2003 and 18/2/2004
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

The Defendant owned and operated a restaurant that traded as Peronis in the Park. Between about 11 May 2003 and about 18 February 2004 there was a freezer in the restaurant's kitchen with a lid that had exposed sharp edges because it had lifted away from the rest of the lid. The freezer was used to store food and employees regularly accessed it.

On 2 July 2003, 19 December 2003, 12 February 2003 and 12 May 2003 the Complainant issued Improvement Notices to the Defendant which required it to repair the lid of the freezer in a manner that would remove the risk of an employee being cut by the exposed sharp edges on the lid of the freezer.

The Defendant did not comply with any of the Improvement Notices the latest of which required compliance by 6 June 2003. The Defendant did not challenge the validity or accuracy of any of the Improvement Notices. On various dates unknown between 11 May 2003 and 18 February 2004 the Defendant employed staff who worked in the restaurant's kitchen, and who were exposed to the risk of cutting themselves on the lid of the freezer.

The Defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 02 Sep 2005
Court Magistrates Court of WA - Perth Registry
Fine $2,500
Costs $1,000