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Prosecution Details

Defendant Darren Williams
Trading Name Not Applicable
Section 20(1)(b)
Regulation Not Applicable
Offence Date Friday, 25 July 1997
Description of Breach(es)

Being an employee failed to take reasonable care to avoid adversely affecting the health of another employee when in control of a pin gun.

Background Details

Mr Williams was making repairs to items of furniture with the assistance of an apprentice. This work involved the use of a pneumatic pin gun which they both shared. Mr Williams had finished work on the piece of furniture and checked the pin gun for nails, he apparently did not see a nail still in the chamber. As he walked passed the apprentice he placed the muzzle of the pin gun against his left upper arm in a jokingly manner and said "say your sorry" for no apparent reason. As the apprentice said "I'm sorry" the pin gun fired into his arm.

The apprentice received pain as a result of the pin gun firing and Mr Williams told him immediately that there was no nail in the gun as he had checked before placing it against his arm. Shortly after the incident the apprentice and Mr Williams checked the arm however could only see a small red dot with a white surround and there was no sign of a nail.

Mr Williams advised the Workshop Manager that he had possibly shot the employee in the arm. An X-ray confirmed that there was a nail in the left upper arm of the apprentice and it was removed by surgery.

Outcome Summary convicted
Conviction Date 21 Nov 1997
Court Bunbury Court of Petty Sessions
Fine $3,000
Costs $36.50
Charge Number Not available