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Prosecution Details

Offender Pinetec Limited


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 Unknown at time of publication 9 August 2006 27th January 2010 3A(3)(b)(i) $60,000.00 27th January 2010
Description of Breach(es)

Where under a labour hire arrangement work was carried out for remuneration by a worker, for the accused who was a client of a labour hire agent, namely Manpower Services (Australia) Pty Ltd, in the course of the accused's trade or business, the accused failed to, so far as practicable, provide and maintain a working environment in which the worker was not exposed to hazards, and by that failure caused serious harm to him; contrary to sections 23F, 19(1) and 19A(2) of the Occupational Safety and Health Act 1984.

Background Details

The accused operated a pine milling and pallet/crate manufacturing business at two facilities, one based at 9 Fairford Street, Bassendean and one at Powerhouse Road, Collie.

A Manpower labour hire employee was working at the Collie premises of Pinetec as a casual labourer.

At the workplace timber logs are delivered and then unloaded by cranes and placed in stacks outside the debarker area in bays. The logs are then lifted with the cranes onto the log stacker, which uses a mechanical chain conveyor to move the logs into the debarker. This then strips the bark off the logs before they enter the sawmill. The logs are then cut by the primary saw then processed into various sizes and are stacked in either the Pallet Shed or Dry Kilm Mill area.

It was at the Dry Kiln Mill that the accident occurred.

On 9 August 2006 between 0600 and 0615 hours the Manpower labour hire employee was receiving training on the operation of the Weinig Moulder (Moulder), under instruction of the Dry Kiln Mill Supervisor.

The Supervisor did not have any formal training in training and assessing workers. There was no written procedure for the use of the Moulder.

The Manpower labour hire employee started to energize the Moulder from the operator consol (located outside the sound enclosure). While doing this, a piece of timber became jammed; this was because the top rollers were in the up position due to the maintenance performed that morning. He entered the sound enclosure that houses the Moulder with the intention of removing the jammed board from the Moulder.

As he turned around to exit the enclosure his hand brushed the unguarded 1st head of the Moulder. This caught his glove and pulled his right hand into the machine amputating four of his fingers and part of his thumb.

The Supervisor observed the accident through the observation window. He ran to the sound enclosure door and tried to calm the injured person while applying rags to his hand. The injured person was later conveyed to Collie hospital.

The head of the Moulder on which the injured person suffered his injury was unguarded. It was practicable for it to be guarded.

There was no time delay system or interlock on the sound enclosure door. It was practicable for the door to have had a delay system or interlock.


Outcome Summary

Pleaded Guilty

Court Magistrates Court of Western Australia - Perth
Costs $2,960.70

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