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Prosecution Details

Offender Holm Pty Ltd
Trading Name Cockburn Transport


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 FR11058-0/2009 12 April 2007 10th November 2009 3A(2)(b)(i) $25,000.00 10th November 2009
2 FR11058-0/2009 12 April 2007 10th November 2009 3A(1)(b)(ii)(I) $5,000.00 10th November 2009
Description of Breach(es)

Charge 1: The Accused failed to, so far as was practicable, provide a working environment in which its employees were not exposed to hazards: ss19(1) and 19A(3) of the Occupational Safety and Health Act 1984.

Charge 2: Being an employer, failed to notify the Commissioner forthwith of an injury of the type prescribed in the regualtions, to its employees; contrary to sections 23I(3), 23J(1) and 54 of the Occupational Safety and Health Act 1984.

Background Details

The Accused was the operator of a transport and haulage business, having premises located at 40 Wellard Street, Bibra Lake ("the workplace"), and employed a number of employees. The injured person was employed as an experienced diesel mechanic by the Accused to service and maintain its fleet of vehicles and trailers.

On 12 April 2007 a working Director of the Accused, was washing down a double B combination taut-liner trailer attached to a prime mover in the wash bay area of the workplace. He noticed an air leak coming from the trailers and asked the injured person to assess the situation. He assessed the leak as being a poor interface between the hoses of the new trailers and the older prime mover. However, to complete his assessment he advised the Director that he would have a look under the trailers to assess whether there was any adjustment required to the trailer's airbags. This required the injured person to climb completely under the trailers.

During this time the prime mover's engine was left idling and neither the Accused nor the injured person tagged out the prime mover to place everyone on notice that maintenance was being performed on that vehicle or the attached trailers. The Accused had not maintained the isolation or tag out system.

While the injured person was under the trailer the Director retuned to washing the trailers. To complete this task he needed to move the vehicle. The Director was not aware that the injured person was under the trailers and reversed the vehicle and trailers. As he was doing this the injured person was coming out from under the trailers and his legs were crushed under the wheels of the trailer. He suffered broken bones in his feet, ankles and legs.

The broken bones to his legs are prescribed reportable injuries under the Act and regulations. The Accused was made aware of the injuries that afternoon. The Accused was also made aware of its obligations to report these injuries to WorkSafe. The Accused did not report these injuries to WorkSafe. WorkSafe was notified by the injured person's father.

At all times it was practicable for the Accused to have provided and maintained instruction and training to its employees in the use of an isolation and tag out system when maintenance and work was being performed on vehicles and trailers. Such a system is largely administrative and inexpensive. Isolation tags are readily available and inexpensive, costing approximately $30 per 100 isolation tags.

Outcome Summary

Plead Guilty

Court Magistrates Court of Western Australia - Fremantle
Costs $1,090.70

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