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Prosecution Details

Defendant West Barrows Mix Pty Ltd
Trading Name Westmix
Regulation 4.37(1)(b) [2]
Offence Date 18 April 1997 [1] and [2]
Description of Breach(es)

[1] Being the employer of a person who suffered an injury as a result of an accident occurring at a workplace on 18 April 1997 which injury was of a kind prescribed in regulation 2.4(1)(c) of the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984, failed to notify the WorkSafe Western Australia Commissioner forthwith of the accident.

[2] Being an employer, who at a workplace failed to ensure that measures were provided, as far as practicable, to prevent the use of plant, namely a WO Coetz power press, in a manner that could render the plant a hazard to any person at the workplace.

Background Details

The injured employee, aged 17 years, was directed to fabricate metal legs for trolleys on the power press. He was placing a piece of flat bar onto the die of the power press when the ram punch descended, crushing the index finger of his right hand. Partial amputation of the finger resulted.

On the day before the accident, and on the day of the accident, the machine had malfunctioned by triple punching, that is, it operated three times when only activated once. This had been reported to management who made some adjustments to rectify the problem. When the employee was placing the metal into the die it malfunctioned again resulting in the accident.

A guard to the machine had been provided and though had been tied back clear of the pressing area. The injured employee was initially off work for two weeks.

A plea of guilty was entered.

The Magistrate accepted the defendants plea in mitigation that the client was ignorant of his duty of care. The Magistrate commented that the government generally, does not widely promote the requirements of the Act and Regulations and the Magistrate commented that information on the reporting of accidents should be circulated to industry.

Outcome Summary convicted
Conviction Date 28 Oct 1997
Court Perth Court of Petty Sessions
Fine $750 [1] and $2000 [2]
Costs $36.50
Charge Number 73231/97