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Prosecution Details

Offender Susann Frances Gidion

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 AR4042/2009 30 April 2007 29th March 2010 20A(3)(c) $5,000.00 (Global) 29th March 2010
2 AR4043/2009 30 April 2007 29th March 2010 20A(3)(c) $5,000.00 (Global) 29th March 2010
3 AR4044/2009 30 April 2007 29th March 2010 20A(3)(c) $5,000.00 (Global) 29th March 2010
Description of Breach(es)

Charge 1

On 30 April 2007 the Accused, being an employee, failed to take reasonable care to ensure her own safety and health at work: contrary to sections 20(1)(a), 20(2)(a) and 20A(3) of the Occupational Safety and Health Act 1984.

Charge 2

On 30 April 2007 the Accused, being an employee, failed to take reasonable care to ensure her own safety and health at work: contrary to sections 20(1)(a), 20(2)(d)(ii) and 20A(3) of the Occupational Safety and Health Act 1984.

Charge 3

On 30 April 2007 the Accused, being an employee, failed to take reasonable care to avoid adversely affecting the safety or health of any other person through any act or omission at work: contrary to sections 20(1)(b) and 20A(3) of the Occupational Safety and Health Act 1984.

 

Background Details

The Accused worked as an archivist for Genalysis Laboratory Services Pty Ltd.

At the workplace was a Crown forklift.  The Accused was not licensed to operate the forklift and had been expressly told not to operate the forklift by her employer.  The forklift was also labelled with a decal indicating that only licensed operators were to use the forklift.

Despite this instruction the Accused used the forklift.  When the Accused used the forklift the Accused used the forklift for her own personal amusement to joyride around the workplace.

On 30 April 2007 the Accused was visited at work by the injured person and his brother.  The injured person entered the workplace, whilst his brother remained in the car park. 

Contrary to the instructions regarding use of the forklift from her employer, the Accused used the forklift.

The Accused took the injured person for a joyride on the forklift, and when she turned the machine to the left, the side of the forklift struck a stack of boxes.  The injured person, who was riding next to the forklift's seat, was pinned between it and some racking.

The Accused later admitted in a record of interview that she knew that she ought not to have driven the forklift in any manner.

The Accused assisted the injured person to his brother in the car outside.  His brother then drove him to hospital.  The injured person suffered fractured ribs and a broken collarbone and shoulder blade as well as a punctured lung.

The Accused did not report this injury to her employer.  The employer only became aware of this injury when the injured person's mother reported the injury to Genalysis several days later.




Outcome Summary

Pleaded Guilty.

Court Magistrates Court of Western Australia - Armadale
Costs $2,000.00 (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.