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Prosecution Details

Defendant Kaddle Pty Ltd
Trading Name Mania-Nicholson
Section 19(3)(b)
Regulation Not Applicable
Offence Date Thursday, 11 September 1997
Description of Breach(es)

Being an employer of a person who suffered an injury as a result of an accident occurring at a workplace on 6 November 1996, and which injury was of a kind prescribed in regulation 2.4(1)(e) of the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984, failed to notify the WorkSafe Western Australia Commissioner forthwith of the accident.

Background Details

The injured person crushed his left ring finger while changing the jaws on the Goss & De Leueew transfer machine.

The injured persons was setting up the machine and moved the foot control pedal out of the way and proceeded to change the jaws. After completing the operation he moved the foot control back again so that he could test the machine. The jaws required a further minor adjustment as they were not central to the machine. As he proceeded to pack the jaws his foot inadvertently touched the control pedal which activated the jaws crushing his left ring finger.

The Magistrate indicated that the Occupational Safety and Health Act had been in force for some years and that the defendant should have been aware of the reporting requirements.

The defendant pleaded guilty.

Outcome Summary convicted
Conviction Date 01 Apr 1998
Court Perth Court of Petty Sessions
Fine $500
Costs $36.50
Charge Number 16035/98