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Prosecution Details

Offender Jenara Pty Ltd


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 M034/2010 On and /or at any time between 16 -18 November 2008 (Inclusive) 20th January 2011 3A(3)(b)(i) $50,000.00 20th January 2011
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,  in the course of the Accused's trade or business, in relation to matters over which the accused had the capacity to exercise control, the accused failed to, so far as was practicable, provide and maintain a working environment in which the worker was not exposed to hazards, and by that failure caused the death of the worker; contrary to sections 19(1) and 19A(2) when read with 23F of the Occupational Safety and Health Act 1984.

Background Details

A labour hire company placed a worker at the Accused's grain growing farm near Miling.

During the afternoon on Sunday 16 November 2008 the farm worker was working alone and riding an All Terrain Vehicle (ATV) on a road on the farm when he rode into a wire gate known as a ‘cockies gate'.

Early the next morning (17 November 2008) a truck driver working for the accused found the farm worker lying on the road.

The farm worker was not wearing a helmet and was cold to touch with a lot of blood coming out of his nose and ears. The farm worker had suffered a serious head injury and died in RPH on Tuesday 18 November 2008.Workers on the farm, including the injured farm worker, had been operating the ATV without wearing a suitable helmet.

The Owners manual for the ATV was at another workplace operated by the accused and had never been made available to the farm worker.  It said, "Never operate an ATV without wearing an approved motorcycle helmet that fits properly".  Additionally a warning decal displayed on the mudguard of the ATV stated "Always wear an approved motorcycle helmet".  The ‘cockies gate' was made up of fencing wire and was difficult to see.

There had been a previous accident on the farm when someone had driven into a cockies gate because they could not see it. After that accident the standards (vertical supports along the gate) had been painted to make the gate more visible. However the paint had faded over time.

Outcome Summary

The Accused pleaded guilty.

Court Magistrates Court of Western Australia - Perth
Costs $1684

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