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Prosecution Details

Offender Transpacific Cleanaway Pty Ltd (ACN 000 164 938)


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 PKA4987/2010 14 February 2008 1st June 2011 4.37(1)(f) 1.16(2)(b)(i) $10,000.00 1st June 2011
Description of Breach(es)

Being a person having control of a workplace, failed to ensure that every dangerous part of a fixed powered plant, namely the Multi Purpose Baler, was as far as practicable securely fenced or guarded in accordance with regulation 4.29; contrary to regulation 4.37(1)(f) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Background Details

The Accused owned and operated a Materials Recovery Facility at 5 Carnegie Street in West Kalgoorlie.  The Materials Recovery Facility sorts recyclable material delivered via waste collection trucks. The recyclable material is moved to different parts of the workplace via conveyors. There are two balers at the workplace which operate by using a hydraulic ram to compress material into bales.

On 14 February 2008 an employee of Transpacific Industries Pty Ltd who worked at the Materials Recovery Facility as a leading hand was at the workplace.  Part of the employee's role as a leading hand was to prepare the Materials Recovery Facility for operation in the morning before other staff arrived to commence work.

At approximately 8:20am on 14 February 2008, the employee was working alone when he started the multi-purpose baler and noticed some aluminium cans caught between the conveyor belt and the roller. With the conveyor still operating the employee lifted the bolt type latch on the conveyor gate and opened it to reach in to remove an aluminium can. There was no lock or interlock device fitted to the bolt latch.

The conveyor continued the employee's glove got caught and his hand was drawn in between the conveyor belt and the roller until his shoulder was hard up against the side of the multi-purpose baler.

There was no emergency stop button fitted to the side of the multi-purpose baler so the employee was unable to stop the conveyor himself. Two other employees outside the building who had arrived early for work heard the employee's calls for help entered the building and shut down the multi-purpose baler. The employee was then able to remove his arm from the multi-purpose baler.  The employee sustained a torn right bicep muscle and fracture of the lower right arm.

Subsequent to the accident the Accused installed an interlock device to the conveyor gate and an emergency stop button to the side of the baler.

Outcome Summary

The Accused pleaded guilty.

Court Magistrate's Court of Western Australia - Kalgoorlie
Costs $2891.32

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