Prosecution Details

The Accused, being the relevant person, failed to notify the WorkSafe Western Australia Commissioner of a prescribed injury that occurred at the Accused's workplace on 29 July 2009 contrary to sections 23I(3) and 23J(1) of the Occupational Safety and Health Act 1984.

The Accused conducts a business of sand blasting and spray painting for the construction industry.

On 29 July 2009 an employee of the accused was turning over steel lintels on a trolley when the trolley toppled over landing on the employee's left foot. There were 11 steel lintels on the trolley, weighing approximately 100kg each.

The employee was wearing steel cap boots at the time. However, the force of the load caused injuries to the employee's left foot that required his left big toe and the toe next the big toe to be amputated.

It is a requirement of section 21 of the Occupational Safety and Health Act 1984 (WA) that an employer notifies the WorkSafe Western Australia Commissioner of an injury of this nature forthwith.

The director of the Accused was aware of the requirement to notify the WorkSafe Western Australia Commissioner of the injury.

On 3 February 2005 following an incident resulting in injury at the directors business, WorkSafe issued the director trading as Professional Corrosion Resistance with Improvement Notice 70010981 requiring that he implement a reporting system that ensures all notifiable injuries are reported.

On 1 March 2005 the director returned the compliance slip of Improvement Notice 70010981 to WorkSafe, stating that the requirements of the Improvement Notice had been completed.

The Accused did not report the injury to his employee on 29 July 2009 to the WorkSafe Western Australia Commissioner.

When questioned why he did not report the injury to the employee on 29 July 2009, the director responded it was "only a small injury", "very small injury", he was "very busy at the time" and that "he did not get a chance".

WorkSafe became aware of the injury when the matter was reported to WorkSafe by the employee in November 2009.

Following the reporting of the accident, WorkSafe commenced an investigation.

A WorkSafe Inspector stated that because of the time that had lapsed since the accident, it was difficult to gather accurate or detailed evidence from the witnesses.

No further prosecutions were commenced by WorkSafe as a result of the incident.

The Accused entered a guilty plea and was convicted.