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Prosecution Details

Offender Park Motor Body Builders (WA) Pty Ltd


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 MI11831/08 13 March 2007 18th August 2009 3.22 3.22(b)(i) $1,500.00 18th August 2009
Description of Breach(es)

Being an employer at a workplace failed to ensure that the movement and speed of vehicles and plant at the workplace were managed in a way that minimised the risk of injury to pedestrians and persons operating vehicles.

Background Details

The Accused is a registered company under the Corporations Act 2001 and is known as Park Motor Body Builders (WA) Pty Ltd (ACN 008 935 420) engaged in the fabrication of vehicle and truck bodies from its premises located at 17 Jackson Street, Bassendean ("the workplace").

On 13 March 2007 the Accused was an employer and employed, among other people an apprentice and the deceased.

The workshop is directly opposite the spray painting booth, separated by a driveway where vehicles that are being refurbished or built are driven past the workshop/spray booth and in and out of these areas.

The spray booth is in the centre of the yard and has attached to it a small paint store. At the rear of the spray booth and next to the paint store was a drinking fountain. This fountain was frequently accessed by employees.

Vehicles are driven past this booth and store and turn around the corner adjacent to these buildings to be moved around the yard as required.

The vehicles moved were in varying states of completion. Some of these vehicles were up to 10 metres in length.

Employees walking between the paint store and spray booth door were not isolated from the flow of vehicles turning around the spray booth/paint store. The doors to the paint store and the spray booth opened directly onto this driveway area.

No section of the driveway between the workshop and the spray booth/paint store was cordoned off for pedestrians nor were there any signs warning of the presence of trucks moving through that area.

The entire yard was a "mixed use" area accessed by vehicles and pedestrians.

Unlicensed apprentices did on occasions move vehicles around the yard and passed the spray painting booth and paint store.

On 13 March 2007 an apprentice moved a Mitsubishi Fuso Fighting Cab Chassis truck around the yard between the workshop and past the spray booth. He did not hold the appropriate licence to drive this vehicle.

Outcome Summary

Plead Guilty

Court Magistrates Court of Western Australia - Midland
Costs $1,630.70

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