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Prosecution Details

Offender Blancoa Pty Ltd
Trading Name t/a Paceway Mitsubishi


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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 20 September 2007 17th August 2010 3A(3)(b)(i) $30,000.00 17th August 2010
Description of Breach(es)

Being an employer, failed, so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards and by that failure caused serious harm to an employee; contrary to sections 19(1) and 19A(2) of the Occupational Safety and Health Act 1984.

Background Details

The Accused trades as Paceway Mitsubishi, a car dealership that sells new and used cars.

On 20 September 2007 an employee of the Accused was working as a car detailer at the Paceway Mitsubishi dealership located at 384 Scarborough Beach Road in Osborne Park.

On 20 September 2007 the employee was in the process of cleaning the boot area of a Mitsubishi 380 in the wash bay area at the dealership when he was struck by a Mitsubishi Pajero which pushed him into the rear of the Mitsubishi 380 and crushed him between the two vehicles.

The employee received multiple fractures to his pelvis and lower legs.

The Mitsubishi Pajero was being driven by a 17 year old first year apprentice mechanic employed by the Accused who did not hold a drivers licence at the time.

The Accused had a practice of allowing apprentices who only held their learner's permit to drive vehicles by themselves and unsupervised around the workplace including the main driveway and areas accessed by pedestrians and other cars.

The 17 year old first year apprentice had not been provided with adequate assessment by the Accused on the safe operation and movement of vehicles at the workplace and around the wash bay area.

The Accused was aware of prior incidences where the 17 year old first year apprentice had been involved in two separate car accidents at the workplace and no action was taken by the Accused to assess, instruct or supervise him whilst he continued to drive in the workplace.

Outcome Summary

The Accused found guilty

Court Magistrates Court of Western Australia - Perth
Costs $1750.70

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