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Prosecution Details

Defendant Albright and Wilson (Australia) Limited
Trading Name Not Applicable
Regulation 5.5(1)(d)
Offence Date Friday, 11 April 1997
Description of Breach(es)

Being a person who imports a hazardous substance, namely Phosphoric Acid, for use at a workplace, failed to provide an initial copy of the material safety data sheet for the hazardous substance to the WorkSafe Western Australia Commissioner.

Background Details

On 20 November 1996 a letter was sent by the WorkSafe Western Australia Commissioner to Albright and Wilson advising them of their duty under regulation 5.5(1) (d) of the Occupational Safety and Health Regulations 1996. This regulation requires that a copy of their material safety data sheet in relation to hazardous substances be forwarded to the Commissioner.

A search of records at WorkSafe Western Australia on 11 April 1997 revealed that no copy of the material safety data sheet had been received. It is essential that the material safety data sheets are audited by WorkSafe Western Australia to ensure they contain the correct information on hazards and necessary precautions. This auditing will prevent companies understating hazards.

The Magistrate noted the defendants mitigation and took into account the integrity of the company. The fact that a national repository had been proposed and not proceeded with and early compliance with the regulations following the inspector's visit the Magistrate imposed a lesser penalty than otherwise would have been given.

The company pleaded guilty.

Outcome Summary convicted
Conviction Date 09 Oct 1997
Court Perth Court of Petty Sessions
Fine $500
Costs $83.50
Charge Number 72223/97