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Prosecution Details

Offender G&G Mining Fabrication Pty Ltd (ACN 100 230 304)


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 AR7965/10 4 September 2007 10th February 2011 3A(3)(b)(i) $60,000.00 10th February 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 a worker was not exposed to hazards and by that failure caused serious harm of worker; contrary to sections 19(1) and 19A(2) when read with 23F of the Occupational Safety and Health Act 1984.

Background Details

The Accused is a boiler making and metal fabrication workplace that produces amongst other things large mining vehicle water tanks and operates out of a workplace in Maddington.

On 4 September 2007 a worker was instructed to weld a component of a large mining vehicle water tank (45,000 litres).  This worker was employed as a welder at this workplace by the Accused (under a labour hire arrangement) to, amongst other things, weld large mining vehicle water tanks.

There was no adequate mechanism used to hold the component of the water tank in place whilst was being welded as the chains from an overhead gantry chain were removed from the component prior to the worker commencing the welding procedure.

When the worker began the welding procedure the component toppled onto the worker causing serious crush injuries which resulted in the worker becoming paraplegic.

The welding practice used was inherently dangerous as it relied heavily on the component of the water truck remaining in place without any support prior to it being welded in place.

The accused did not and it was practicable for the Accused to have had in place the measures to ensure the component was supported during the welding work.

Outcome Summary

Pleaded Guilty

Court Magistrates Court of Western Australia - Armadale
Costs $2500.00

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