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Prosecution Details

Offender Michael Ronald Martin t/a Living on Laminate

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 PE31632/11 28 July 2009 25th November 2011 3A(2)(a)(i) $5,000.00 25th November 2011
Description of Breach(es)

Being an employer, did not so far as was practicable, provide and maintain a working environment in which his employees were not exposed to hazards and by that failure contravened sections 19(1) and 19A(3) of the Occupational Safety and Health Act 1984.

Background Details

On 28 July 2009 the Accused operated a business installing laminate floors.

The Accused employed a person to work as a labourer at the Accused's direction.  The labourer had been employed for two days. On 28 July 2009 he was working with the Accused installing a timber backed laminate floor in Subiaco.

The laminate sections were between 1.5 and 2 metres long, 200 millimetres wide, and at least 5 millimetres thick.

The work involved regularly cutting laminate to size.  A table saw owned by the Accused was used to do this.  The Accused instructed the labourer to cut a section of laminate using the table saw.  The blade of the saw protruded out so it was exposed. The material to be cut was slid under it.

When it was purchased it came with a guard on the blade so that it was not possible to cut a hand or fingers while operating the saw. 

The Accused had previously taken the guard off the saw so its blade was not guarded.

Earlier in the day the labourer saw the Accused use the unguarded saw. 

The Accused showed the labourer how to use the unguarded saw as it was the first time that the labourer had used it. 

For the next 2 hours the Accused marked up about 50 pieces of laminate which the labourer then cut.  He then reached across to a piece of wood on the saw and cut his thumb, first and middle fingers on the blade. 

The Accused rushed the labourer to hospital where he underwent surgery to repair the injuries.

The labourer saw a hand therapist regularly to help him to regain movement in and control of his fingers and now has regained use of his fingers.




Outcome Summary

The Accused plead guilty and was convicted.

Court Magistrates Court of Western Australia - Perth
Costs $557.77

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