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Prosecution Details

Offender H.B. Brady Co. Pty Ltd
Trading Name Bradys Building Products


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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.

Background Details

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
v-belt of the Machine appeared to have jammed. He sought assistance from an employee of the Accused. The employee turned the Bagging Machine on and off several times in an effort to unjam the machine.

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.

Outcome Summary


Court Magistrates Court of Western Australia - Perth
Costs $7,360

Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.

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