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Prosecution Details

Offender Actionblast Pty Ltd
Trading Name Action Mining Services

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 MI12449/09 21 November 2006 17th December 2009 3.103(2)(a) 1.16(2)(b)(i) $6,000.00 17th December 2009
Description of Breach(es)

Being an employer at a workplace at which abrasive blasting equipment was used, failed to ensure that such equipment included a device designed to cut off automatically the flow of abrasive material through the nozzle if the person operating the nozzle becomes unable to do so; contrary to regulations 3.103(2)(a) and 1.16 of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Background Details

The Accused operates a business trading as Action Mining Services. The business repairs and refurbishes large earthmoving trucks and associated plant for the mining industry. As part of this process, abrasive blasting is conducted to clean the surfaces of machinery and equipment.

On 21 November 2006 an employee of the Accused was conducting abrasive blasting of a truck chassis, when the hose carrying high pressure air and abrasive material ruptured, hitting him in the eye and face and causing injury.

At the time when the employee suffered the injury at the Accused's business, the blasting equipment he was operating did not include a device capable of automatically cutting off the flow of abrasive material through the nozzle of the blasting equipment, commonly known as a "dead man control".

 




Outcome Summary

Pleaded Guilty

Court Magistrates Court of Western Australia - Midland
Costs $571.70

Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.

Offences committed prior to 1 January 2005, while of limited comparative relevance, can be accessed via the following link.