Issue Date:  -  Tuesday, 30 August 2005

Failure To Comply With Worksafe Notices Leads To Fine

A Bickley orchardist was convicted last week of failing to comply with a WorkSafe Improvement Notice that directed him to fit rollover protection structures (ROPS) and seat belts to his tractors.

Eric Altinier was fined $2500 in the Magistrates Court of WA Midland.

An improvement notice was issued to Mr Altinier when a WorkSafe inspector visited his orchard and found that the tractors used there did not have rollover protection or seatbelts and that there was a risk of them overturning.

Mr Altinier applied for a review of the notice, and after the WorkSafe WA Commissioner visited the orchard, the notice was affirmed and the compliance date extended.

Mr Altinier then applied for a further review of the notice through the Safety and Health Magistrate, and the notice was once again affirmed and the compliance date extended.

Two months after this compliance date, WorkSafe inspectors visited the orchard and found that the required actions had still not been taken.

Although one tractor on the property had been fitted with a ROPS, the other two had not, and none of the tractors had been fitted with seat belts.

ROPS are the only sure protection against injury or death if a tractor rolls sideways or backflips, and workplace fatality statistics show that half of the last 22 deaths involving tractors in WA could have been prevented if the tractor had been fitted with ROPS.

WorkSafe WA Commissioner Nina Lyhne said today that the case should send a clear message to employers that WorkSafe notices should not be ignored.

"The message here is that notices must be complied with, or prosecution action will almost certainly follow," Ms Lyhne said.

"Inspectors issue improvement notices when the occupational safety and health laws are not being complied with.

"In this case, the defendant did not make the required changes, and he still did not do so after his two requests to cancel the notices were knocked back.

"Employers have a responsibility to provide and maintain a safe workplace for both themselves and their employees, and employers who fail to comply with notices need to be aware of the consequences."

Further information on tractor safety and compliance with notices can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.safetyline.wa.gov.au.