Prosecution Details

On 20 December 2005, being an employer, did not so far as was practicable, provide and maintain a working environment in which its employees were not exposed to hazards and by that failure contravened sections 19(1) and 19A(3) of the Occupational Safety and Health Act.

At all relevant times the material facts were as set out below.

The accused operated a wine making and winery management business. One of the accused's employees' work included using a tractor which pulled a grass slasher to cut grass at the accused's property at Payne Road in Jindong. The slasher was a Chris Gower make of slasher and was model number RM 1186.

One of the accused's employees work included using a tractor which pulled a grass slasher to cut grass at the accused's property at Payne Road in Jindong. The slasher was a Chris Gower make of slasher and was model number RM 1186.

The grass slasher did not have a guard on the power take off coupling.

The hazard presented by unguarded power input couplings and the need to guard them is well known in the winery and winery management industry. The chance of the hazard arising is high.

The following publications highlight the need for power take off couplings to be guarded to remove the hazard of entanglement: WorkSafe Farm Safety Fact Sheet No 1: Tractor Safety; WorkSafe Wine Industry Fact Sheet: Machinery Hazards; Western Australian Wine Industry Occupational Health and Safety Code of Practice 2002; WorkSafe Significant Incident Summary 52/1999; WorkSafe Safetyline Institute Lecture: Safe use of Tractors. This material refers to the likely injuries as amputations, severe head injuries and fatalities.

The accused subsequently arranged for a guard to be manufactured and fitted over the power input coupling of the slasher. It cost about $420.75 for the guard to be manufactured and fitted by a business in Busselton.

Plead Guilty