Prosecution Details

Being a person to whom an improvement notice number 93901, was issued and having been reviewed subject to section 51 of the Occupational Safety and Health Act 1984, failed to comply with that improvement notice within the time specified.

During an inspection on 30 October 1996 an Investigating Inspector observed that a hydrabend brake press was not adequately guarded to prevent employees coming in contact with moving parts and suffering an injury. Improvement notice 93901 was issued. The defendant sought a review and the compliance date was extended a further four weeks.

On 12 March a further inspection occurred and it was found that the plant was connected to power and in operational condition. No guarding of the plant had taken place. On completion of the inspectors visit the plant was taken out of service.

A not guilty plea was entered.

The defendant was found guilty, though due to the company's lack of funds the Magistrate awarded a zero fine and zero costs.