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Prosecution Details

Defendant ML and RD Graham Pty Ltd
Trading Name Not Applicable
Section 19(1)(a) & (b)
Regulation Not Applicable
Offence Date Wednesday, 18 September 1996
Description of Breach(es)

Being an employer, failed to provide and maintain a working environment in which its employees were not exposed to hazards and, in particular, failed to provide and maintain a system of work such that, so far as was practicable, its employees were not exposed to hazards and failed to provide such information, instruction and training to its employees as was necessary to enable them to perform their work in such a manner that they were not exposed to hazards and thereby caused serious harm to an employee.

Background Details

A 20 year old labourer was hand feeding a wood chipping machine with cotton palm leaves when the glove on his left hand caught on a thorn. The cotton palm leave that was being drawn into the machine by feed rollers also dragged the labourer in. He frantically tried to free his glove from the thorns before his hand was amputated by the chipping blades fitted to the rotating flywheel.

Arguably the labourer would have been more seriously injured if he did not have the presence of mind to kick the reversing bar with his leg. His left arm was amputated below the elbow.

A picture of the unit involved with this accident appears below.

A guilty plea was entered.

Lead Image
Outcome Summary convicted
Conviction Date 21 Jan 1998
Court Perth Court of Petty Sessions
Fine $2,000
Costs $400
Charge Number 49142/97