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Prosecution Details

Offender Topgold Enterprises Pty Ltd (ACN 082 884 964)


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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 4 September 2007 9th March 2011 3A(3)(b)(i) $50,000.00 9th March 2011
Description of Breach(es)

Where under a labour hire arrangement work was carried out for remuneration by a worker, for a client of the accused, namely G & G MINING FABRICATION PTY LTD, in the course of G & G MINING FABRICATION  PTY LTD'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 practicable, provide and maintain a working environment in which its employee, was not exposed to hazards, and by that failure caused the serious harm of employee; contrary to sections 19(1) and 19A(2) when read with s23F of the Occupational Safety and Health Act 1984.

Background Details

The Accused is a labour hire business that had a labour hire arrangement with G & G Mining Fabrication Pty Ltd. G & G Mining Fabrication Pty Ltd is a boiler making and metal fabrication workplace that produces amongst other things large mining vehicle water tanks and operates at a workplace in Maddington. 

A hired 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.

On 4 September 2007 the worker was instructed to weld a component of a large mining vehicle water tank (45,000 litre). There was no adequate mechanism used to hold the component of the water tank in place whilst was being welded.  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 crushing him and causing him to be injured (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 following measures: to instruct and enforce the instruction that its employees stand clear of the water tank component when they are being lifted lowered or other wised moved, or when its not braced or held.  It was also practicable to instruct and enforce the instruction of a method of bracing of holding the water tank component in a way that removes or minimises the risk of the water tank component falling and hitting or crushing an employee.

Outcome Summary

Guilty Conviction under section 55 of Criminal Procedures Act. 

Court Magistrates Court of Western Australia - Armadale
Costs $2500.00

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