|Offender||H.B. Brady Co. Pty Ltd|
|Trading Name||Bradys Building Products|
|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||PE52337/05||12 April 2005||4th December 2006||4.37(1)(f)||1.16(2)(b)(i)||$3,500.00||4th December 2006|
|Description of Breach(es)||
Being an employer at a workplace, failed to ensure that every dangerous part of a fixed powered plant, namely the Bagging Machine, 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.
The Accused carries on a business that manufactures and supplies plaster products and employs approximately 20 employees and engages some labour hire workers to work at its workplace at Bayswater (the Workplace).
The workplace included a sales outlet, administration office and factory located within a large building complex. Within the factory area the accused has a Bagging Machine that is used to package plaster into bags. The bagging machine was installed in the workplace in about 1985.
Loose plaster is fed from a hopper into the Bagging Machine where the plaster is forced by compressed air through an outlet nozzle into a bag. On 12 April 2005 a labour hire worker was allocated the task of working on the Bagging Machine, but he found that the
The employee thought the Bagging Machine was turned off, pulled on the v-belt and it became free and dragged his finger into the nip point between the pulley and the v-belt. His first finger of his right hand was partially amputated by this action.
He had been employed by the accused since 22 January 2003, and was a mill leading hand and is still employed as a leading hand at present.
The accused employs a maintenance fitter to repair problems with plant and equipment. The maintenance fitter was on duty at the time of the accident. After the accident a mesh guard was fabricated and put in place as a result of a prohibition notice issued by a WorkSafe Inspector.
The accused was found guilty.
|Court||Magistrates Court of Western Australia - Perth|
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