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Prosecution Details

Defendant West Barrows Mix Pty Ltd
Trading Name Westmix
Regulation 4.37(1)(b) [2]
Offence Date 28 October 1996 [1] and 18 April 1997 [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 28 October 1996, 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 Jengjih power press, in a manner that could render the plant a hazard to any person at the workplace.

Background Details

The injured employee was instructed to place two strips of metal measuring 130mm x 25mm into the press die and to operate the control button with his left hand. This would cause the press punch to descend into the die and shape the metal. The employee then had to remove the metal from the die and place it in the bin provided. The employee was lining up two metal strips in the die when he inadvertently pressed the control button with his left hand. The punch descended and caused the injury.

There was no guard fitted to the press at the time of the accident or any device which would prevent the press being operated whilst the metal was being placed on the die. The employee had operated the press on only two previous occasions prior to the accident. A guard was fitted to the machine after the accident.

The employee had the tip of his right index finger amputated and was off work for four 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 $1000 [2]
Costs $88
Charge Number 73028/97 [1] and 73230/97 [2]