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Prosecution Details

Defendant Elle Holdings Pty Ltd
Trading Name Hamilton Engineering Company
Regulation 201(1)(e) and 402(1) [2]
Offence Date Tuesday, 19 March 1996
Description of Breach(es)

[1] Failed to report an accident of an employee, to the WorkSafe Western Australia Commissioner, as specified in regulation 201(1)(e).

[2] Being the owner of plant, namely a compressor, failed to ensure dangerous parts of the plant was securely fenced or guarded.

Background Details

On 19 March 1996 the (injured) employee was standing near the compressor when it started running - he noticed that it was not running correctly and emitting a screeching sound. The employee put his hand around the belt and it "took off". The sudden operation of the drive belts caught the fingers of the employees left hand between the drive belts and the pulley on the compressor. The employee lost the tip of his index finger, one and a half joints on both his middle and ring fingers and one joint off his little finger.

During the inspection it was observed that the compressor was guarded, but the guarding was inadequate to prevent employees coming into contact with moving parts on the plant, such as the electric motor drive wheel, pulley belts and the pulley wheel on the compressor.

This accident had not been reported to WorkSafe Western Australia.

The Magistrate took into account that the defendant had not had a notifiable accident in 22 years of operation, and that it was their first offence.

Outcome Summary


Conviction Date 17 Jan 1997
Court Fremantle Court of Petty Session
Fine $750 [1] and [2] $1500
Costs $278.00
Charge Number 9179/96 [1] and 9178/96 [2]