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Prosecution Details

Offender CJD Equipment Pty Ltd (ACN 008 754 523)


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 AL307/11 6 May 2008 28th February 2012 3A(3)(b)(i) $30,000.00 28th February 2012
Description of Breach(es)

Being a person that supplied plant, namely a mobile chipper for use at a workplace, and failed so far as was practicable to ensure that the design and construction of the plant is such that persons who properly maintain and use the plant are not in doing so exposed to hazards, contrary to section 23(1)(a) of the Occupational Safety and Health Act 1984, and by that contravention caused serious harm to a person who maintains and uses the plant, contrary to section 23AA(2) of the Occupational Safety and Health Act 1984.

Background Details

On 6 May 2008, the Accused supplied to Softwood Logging Services Pty Ltd (Softwood Logging) a Peterson Pacific 5000 H mobile chipper serial number 2H-288-1497 (the chipper) in Mount Barker.  The chipper was supplied with no guard on the overspout (which was designed to eject oversized wood from the chipper) with the rotating chipper disk.

Just after sunrise on 11 July 2008, an employee of Softwood Logging, was operating the chipper at the Oriole Plantation which is located at Lot 201, Compartment 9 bounded by Perillup, Randell and Poorrarecup Roads in the Shire of Plantagenet.

During operation of the chipper, the overspout of the chipper became blocked and the employee left the cab of the chipper to clear the blockage from the overspout.  There was a build up of debris at the base of the overspout and the employee reached in with his right hand to remove the build up.  He was unaware as he was clearing the blockage that the chipper disk (at the base of the overspout) was still rotating.  The employee's right hand was struck by the rotating chipper disk and his index, middle finger and ring fingers were amputated and his fifth finger was severely injured, thereby suffering permanent damage.  Shortly after the incident Softwood Logging installed a guard on the overspout.

Outcome Summary

The Accused was found guilty at trial by the Magistrate and convicted.

Court Magistrates Court of Western Australia - Perth
Costs $12,000.00

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