|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||FR1909/2016||10 July 2013||25th January 2017||20(1)(b) 20A(2)||20A(2)(c)||$9,500.00||25th January 2017|
|Description of Breach(es)||
Being an employee, failed to take reasonable care to avoid adversely affecting the safety or health of any other person through any act of omission at work. Sections 20(1)(b) and 20A(2) of the Occupational Safety and Health Act 1984
Leslie Taylor was employed by a car dealership as a pre-delivery assistant.
The car dealership operated in Attadale and included vehicle servicing facilities (Workplace).
The Workplace consisted of both showrooms and a mechanical workshop at the rear of the premises. The mechanical workshop had four work bays. Opposite the workshop there were two wash bays.
On 10 July 2013 Mr Taylor was conducting a pre-delivery check on a new un-registered black Holden Cruze (Vehicle).
After lunch on this day Mr Taylor drove the Vehicle from the window tinting workshop to his work bay.
Mr Taylor noticed that another employee (a parts manager employed by the car dealership) was standing in the middle of the entry to the work bay. The parts manager moved to the right side of the work bay when he saw Mr Taylor.
After Mr Taylor had driven the Vehicle into the work bay he left the engine running and placed it into reverse gear with a view to checking the rear lights.
As the parts manager was standing nearby, Mr Taylor asked him to check that the lights were working.
Whilst the parts manager was leaning over the rear of the Vehicle to check the lights the Vehicle suddenly lunged backwards.
Mr Taylor had accidently pressed the accelerator rather than the brake pedal.
The parts manager was struck by the Vehicle and dragged under it for 11.6 metres (from the work bay to the wash bay).
The CCTV footage showed that the Vehicle reversed at speed from the work bay, colliding with another vehicle in the yard (Holden Commodore SS) and then finally stopping when it collided with another vehicle (Hyundai i20) down in the wash bay.
The parts manager suffered fatal chest injuries.
The Vehicle’s engine was not required to be running in order to check the rear lights. The key only needed to be turned to the accessories mode. Mr Taylor was aware of this fact.
The Vehicle was examined by the WA Police Vehicle Investigation Unit on 26 July 2013 and 2 August 2013. No defects were detected with the Vehicle.
By failing to ensure that the parts manager was not standing behind the Vehicle while it was in reverse gear and the engine was running, Mr Taylor has failed to take reasonable care not to adversely affect other persons.
Mr Taylor’s failure to take reasonable care has caused the death of the parts manager.
The Accused was found guilty after a two day trial and was convicted on 25 January 2017. The Magistrate fined the Accused $9500.00 and ordered costs of $12,052.75.
|Court||Magistrates Court of Western Australia - Fremantle|
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