Prosecution Details

[1] Being the manufacturer of designated plant, namely an overhead electric travelling crane with plant identification number B19436, failed to ensure that any testing required by the Commissioner in giving his acceptance of the design had been carried out in accordance with that requirement.

[2] Being the manufacturer of designated plant, namely an overhead electric travelling crane with plant identification number B19437, failed to ensure that any testing required by the Commissioner in giving his acceptance of the design had been carried out in accordance with that requirement.

[3] Being the manufacturer of designated plant, namely an overhead electric travelling crane with plant identification number B19438, failed to ensure that any testing required by the Commissioner in giving his acceptance of the design had been carried out in accordance with that requirement.

The defendant had three overhead travelling cranes that were in working condition. The investigating inspector commenced to check whether the overhead cranes had been inspected and tested either by a competent person or a WorkSafe Inspector as required by the legislation. From the inspectors investigation it was established that no inspection or testing had been carried out on the three cranes prior to them being put into service.

The Magistrate commented that the defendant knew, or ought to have known, that the cranes had to be tested prior to being put into use, and that the cranes had not been tested as at 15 June 1996 when admissions were obtained that the cranes were in service.

A not guilty plea was entered on each breach.