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Prosecution Details

Defendant Monopak Pty Ltd
Trading Name Monopak Sales
Regulation 402(1) [2]
Offence Date Monday, 22 April 1996
Description of Breach(es)

[1] Being an employer, failed to provide and maintain, so far as was practicable, a working environment in which its employees were not exposed to hazards in that it failed to provide such training to its employees as was necessary to enable them to perform their work in such a manner that they were not exposed to hazards.

[2] Being the owner of plant, namely an extruder/mixer serial number 9GM3007 and marked M1, which plant was not so positioned or constructed that it was as safe as it would be if securely guarded, failed to ensure that every dangerous part of the plant was securely guarded.

Background Details

The task involved before the accident occurred was to remove the remaining mixture from the extruder/mixer marked M1. The injured person was assisting another employee with the task. The injured employee put a plastic bag under the mixer and opened the sliding gate at the bottom rear part of the mixer by about 40mm and then went to fetch an air hose while the auger was rotating. He saw that some materials stayed near the opening, used his index finger to move them, being unaware of the nip point of the auger. His finger was fractured by the auger as it was unguarded.

The injured employee received inadequate instruction and training to perform his duties.

The Magistrate was relatively unimpressed by submissions made by counsel for the defendant which referred to improvements in the working environment that had occurred since the defendant was taken over by another company. The Magistrate commented that primary significance must be attached to the failures of the defendant itself - as a distinct person employing the injured employee - properly to guard the machine and generally to provide and maintain a safe working environment.

Outcome Summary convicted
Conviction Date 26 Sep 1997
Court Perth Court of Petty Sessions
Fine $10,000 [1] and $1500 [2]
Costs Nil (see results for charge number 35878/97)
Charge Number 35879/97 [1] and 35880/97 [2]