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Prosecution Details

Defendant New Westcoaster Pty Ltd
Trading Name Not Applicable
Regulation 3.54(1)(a) [1] and 4.37(1)(b) [2]
Offence Date Friday, 7 February 1997
Description of Breach(es)

[1] Being a person having control of a workplace failed to ensure that any hole with dimensions of more than 200mm x 200mm, but less than 2 metres x 2 metres or with a diameter greater than 200mm but less than 2 metres in a floor, other than a concrete floor of a building or structure at the workplace is covered with a material that is strong enough to prevent persons or things entering or falling through the hole or opening, and securely fixed to the floor.

[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 P.A. Bandsaw and an unmarked thicknesser, in a manner that could render the plant a hazard to any person at the workplace.

Background Details

During an Inspector's inspection of the premises the following was observed:
[1] Two vessels under construction with hazardous areas that exposed employees to the risk of injuries from a fall through unguarded voids in the decks of the vessels being constructed; and
[2] A bandsaw with inadequate guards and offcuts near the blade indicating recent use. The saw was connected to the power supply and an admission was obtained that the saw was in use. A thicknesser with no guards to the drive belts or the blades and shavings around the blades indicating recent use. The machine was connected to the power supply and an admission was obtained that the thicknesser was in use.

A plea of guilty was entered.

Outcome Summary convicted
Conviction Date 02 Dec 1997
Court Rockingham Court of Petty Sessions
Fine $1000 [1] and $1500 [2]
Costs $83.50
Charge Number 4600/97 [1] and 4659/97 [2]