Prosecution summaries
Defendant:
Centurion Industries Limited
Trading Name:
Not Applicable
Description of Breach(es)
Section: 19(1)(a)
Breach(es):
Being an employer, failed so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards and in particular failed to provide and maintain a system of work such that, so far as was practicable, its employees were not exposed to hazards.
Background Details:
On 21 August 1997 the injured person, a leading hand, was involved in an accident when he fell from a pallet he was using as a working platform supported by the raised forks of a forklift.
The accident resulted in the worker receiving a fractured skull.
Two workers were working on the pressure vessel shown in the photograph, reshaping plate nozzles to fit onto the flange shown about 3 metres above ground level.
To access the flange the leading hand, not a trained forklift operator, used a forklift to elevate his workmate and then climbed the mast himself.
The working platform was merely a pallet, did not comply with the requirements of an elevated working platform and was not securely attached to the forklift.
The leading hand lost his balance while using a porter power when a rod came free.
It was considered practicable for the defendant to provide a safer system of work whereby:
(a) the high pressure vessel could have been rotated and the employees performed the work from ground level; or
(b) the employees performed the work from a work platform designed for the task such as scaffolding or a suitable mobile work platform.
The defendant pleaded guilty. The penalty was imposed under section 19(6) of the Act.
Charge Details:
Convicted on Wednesday, June 30, 1999 at Perth Court of Petty Sessions.
Fine(s): $5000
Costs: $1300
Charge Number: 6594/98