Prosecution Details

Being an employer at a workplace, failed to ensure that every dangerous part of an item of fixed powered plant 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

At the time of the offence the Accused was the owner and operator of a cafe business in Cottesloe ("the Workplace").

On 9 May 2005 a WorkSafe Inspector attended the Workplace for the purposes of carrying out an Occupational Safety and Health inspection. In the course of his inspection, he observed an unguarded commercial dough mixer located in the kitchen of the Workplace on top of a stainless steel bench. Upon examination the mixer was identified as a Hobart dough mixer, model no A200, serial number 97030802 E 1549. The mixer was available for use by employees of the Accused in the course of performing their employment duties at the Workplace.

During the course of the inspection the Inspector spoke to an owner/director of the Accused about the unguarded dough mixer.

On 18 May 2005 the Inspector returned to the premises in the company of another WorkSafe Inspector and observed that the dough mixer referred to above was still located in the kitchen and available for use by employees at the Workplace. Further inquiries made by the WorkSafe Inspectors revealed that a number of employees of the Accused who worked in the kitchen had used the unguarded Hobart dough mixer.

The Inspector also observed on both occasions in the kitchen at the Workplace two other commercial dough mixers, both of which had guards fitted to them. The other Inspector also observed the guarded mixers in the course of her inspection of the Workplace on 18 May 2005.

The Accused pleaded guilty.

The Accused entered a guilty plea and was convicted.  The Magistrate fined the Accused $1,500.00 and orderd costs of $220.00.