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Prosecution Details

Offender Galati Nominees Pty Ltd (ACN 009 320 503)

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 BU5623/10 Between 24 June - 28 Aug 2008 5th December 2011 3A(2)(b)(i) $15,000.00 (Global) 5th December 2011
2 BU5624/10 Between 24 June - 28 Aug 2008 5th December 2011 3A(2)(b)(i) $15,000.00 (Global) 5th December 2011
3 BU5625/10 Between 24 June - 28 Aug 2008 5th December 2011 3A(2)(b)(i) $15,000.00 (Global) 5th December 2011
4 BU5626/10 Between 24 June - 28 Aug 2008 5th December 2011 3A(2)(b)(i) $15,000.00 (Global) 5th December 2011
5 BU5627/10 Between 24 June - 28 Aug 2008 5th December 2011 3A(1)(b)(ii)(I) $15,000.00 (Global) 5th December 2011
Description of Breach(es)

Charge 2-5

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

Charge 6

Being an employer, failed to notify the Commissioner forthwith of an injury of the type prescribed in the regulations, to its employee; contrary to sections 23I(3), 23J(1) and 54 of the Occupational Safety and Health Act 1984.

Background Details

The Accused carries on, among other related businesses, the business of a commercial market gardener at various properties throughout Western Australia.

Charge 2 - On 27 June 2008 two WorkSafe Inspectors attended the Accused's workplace known as New Mylup, Lot 53 Perth-Bunbury Highway, Mylup. The Inspectors conducted an inspection of farm machinery at the workplace, including the items of machinery known as spray unit 1 and tractor 1.   The Accused owned and had control over both these items of machinery.  The spray unit 1 was connected to tractor 1 by a PTO shaft and couplings but was not in use at the time.  Both the power input coupling to spray unit 1 and the power output coupling on tractor 1 was unguarded.  WorkSafe Inspectors issued prohibition notices in relations to the couplings.  These notices were received by an employee of the Accused, they were then given to the Director of the accused.  Remedial work to the power output and input coupling included the fitting of guards.  These guards were sourced locally on 27 June 2008 with the guard fitted to the spray unit 1 being a small power input coupling and costing $34.65.  Employees of the Accused fitted the guards and took approximately 15 mins to fit the power output guard and several minutes for the power input guard.  The Accused confirmed the prohibition notice had been complied with later that day. 

Charge 3 - On 2 July 2008 WorkSafe Inspectors attended another property, Mitchells Lot 26 Perth-Bunbury Highway, Mylup.   They conducted an inspection of farm machinery including the machinery known as spray unit 2 and tractor 2 of which the Accused both owned and had control over.  Spray unit 2 and tractor 2 were connected by a PTO shaft and couplings, they were not in use at the time and were parked in the shed.  The power input coupling on spray unit 2 and the PTO shaft between tractor 2 and spray unit 2 were both unguarded.  WorkSafe Inspectors issued prohibition notices in relation to both the power input coupling and the PTO shaft.  These notices were later received by the Accused via facsimile.  The power input coupling guard was manufactured from material available to the Accused and was fitting to spray unit 2 by an employee of the Accused, the cost of manufacturing this was approximately $50.  A new PTO shaft guard was fitted to the PTO shaft.  On 7 July 2008 the Accused confirmed the prohibition notices had been complied with.

Charge 4 - On 9 July 2008 two WorkSafe Inspectors attended the Accused's workplace known as New Mylup, Lot 53 Perth-Bunbury Highway, Mylup.  They conducted an inspection of farm machinery including the machinery known as tractor 3 and rotavator 1 of which the Accused both owned and had control over.  Rotavator 1 was connected to tractor 3 by PTO shaft and couplings.  The PTO shaft between the rotavator 1 and tractor 3 was fitted with a PTO shaft guard however, the PTO shaft guard was damaged.  This damaged guard left the end of the PTO shaft connected to tractor 3 insufficiently protected.  A worker was observed driving tractor 3 with rotavator 1 attached to it with the damaged PTO shaft guard in place.   WorkSafe Inspectors issued a prohibition notice in relation to the damaged PTO shaft guard which was received by the Director of the Accused.  The PTO shaft was removed by an employee of the Accused, and the damaged one replaced by an intact guard.  This intact guard was sourced from the Accused workshop and too approximately 30 mins to replace.

Charge 5 - On 29 August 2008 WorkSafe Inspectors attended the Accused's workplace at Lot 14 Kerosene Lane Baldavis.  They conducted an inspection of farm machinery including machinery known as tractor 4 and spreader 2 of which the Accused both owned and had control over.  Spreader 2 was connected to tractor 4 by a PTO shaft and couplings and not in use at the time and were parked in the shed.  The PTO shaft was unguarded.  WorkSafe Inspectors issued a prohibition notice in relation to the unguarded PTO shaft.  This notice was received by the farm manager who was an employee of the Accused.  On 30 August 2008 a mechanical repairs company fitted a replacement guard to the PTO shaft, this took 20 minutes to fit.  The guard was supplied by the Accused.

Charge 6 - on 12 June 2008 an employee of the Accused was injured while working at one of the Accused's premises.  The Accused received notification of this injury and the employee's period of incapacity on 18 June 2008.  The Accused did not report this injury to the WorkSafe Western Australia Commissioner until 30 June 2008 and only after the Accused had been issued an improvement notice require the Accused to do so.




Outcome Summary

The Accused entered a guilty plea and was convicted on 5 charges.

Global Fine for 5 charges of $15,000

Court Magsitrates Court of Western Australia - Bunbury
Costs $1500.00 (Global)
Notes

Please note that the charges have a global fine. While a penalty is imposed on each charge it is for the global fine and not a separate amount for each charge.

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.