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Prosecution Details

Defendant Jayline Holdings Pty Ltd
Trading Name Not Applicable
Regulation 5.5(1)(d)
Offence Date Friday, 11 April 1997
Description of Breach(es)

Being a person who manufacturers or imports hazardous substances, namely DeCarb containing greater than 60% Potassium Hydroxide, for use at a workplace, failed to provide an initial copy of the material safety data sheet for that hazardous substance to the WorkSafe Western Australia Commissioner.

Background Details

On 20 November 1996 a letter was sent by the WorkSafe Western Australia Commissioner to Jayline Holdings Pty Ltd advising them of their duty under regulation 5.5(1)(d) of the Occupational Safety and Health Regulations 1996. This regulation requires that a copy of their material safety data sheet in relation to hazardous substances be forwarded to the Commissioner.

A search of records at WorkSafe Western Australia on 11 April 1997 revealed that no copy of the material safety data sheet for DeCarb had been received. It was essential that the material safety data sheet be submitted to allow auditing by WorkSafe Western Australia to ensure it contained the correct information on hazards and necessary precautions.

A plea of not guilty was entered.

Outcome Summary convicted
Conviction Date 03 Dec 1997
Court Perth Court of Petty Sessions
Fine $500
Costs $705
Charge Number 72225/97