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Prosecution Details

Offender Russell Andrew Barnes


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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 7 October 2008 29th October 2010 20A(3)(c) $2,000.00 29th October 2010
Description of Breach(es)

Being an employee did not take reasonable care to avoid adversely affecting the safety or health of any other person through any act or omissions at work; contrary to sections 20(1)(b) and 20A(3)(c) of the Occupational Safety and Health Act 1984

Background Details

The Accused was employed by a company as their Regional Manager for Western Australia and South Australia.  The company was involved in the warehousing of rolls of adhesive vinyl and digital film rolls used in the sign manufacturing industry at Frobisher Road in Osborne Park.

On the 7 October 2008 the Accused was operating a Sumi pedestrian operated forklift when he was attempting to lift an oversized pallet of stock that had recently been delivered to the Workplace off the delivering commercial vehicle.  As the pallet lifted off the vehicle the forklift's rear wheel was raised off the ground and caused the forklift to tip forward.  This was an indication to the Accused that the forklift was overloaded.  The Accused then instructed fellow employees and a labour hire employee to stand directly on top of the counterweight of the forklift.  They complied and carried out the instruction.  Upon standing on the counterweight one employee maintained his balance by grasping the cross support bars to the mast with his left hand.  The three employees standing of the counterweight of the forklift allowed the drive wheel to descend and return back to the ground surface.  This enabled the load to be lifted from the tray of the commerical vehicle.  The Accused manoeuvred the load away from the commerical vehicle whilst simultaneously lowering the pallet load as it cleared the side of the truck.  As the load lowered the mast of the forklift also descended causing the employee grasping the mast for balance left hand to become crushed between it and the cross bar that he was holding.  The injured employee was taken to Royal Perth Hospital where he received several stitches in his crushed and lacerated left hand.

Outcome Summary

The Accused pleaded guilty

Court Magistrates Court of Western Australia - Perth
Costs $760.70

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