A WA parliamentary question on notice addresses safety concerns at the Kalgoorlie Cement Works, including improvement notices, breaches, and the use of untrained child labor. The Minister's response details identified breaches, investigations, and penalties.

AnsweredQoN 394Legislative Council
Asked
4 March 2003
Portfolio
Consumer and Employment Protection

QuestionView source ↗

I refer to the Kalgoorlie Cement Works located in Kalgoorlie Boulder within a residential area, a Worksafe of Western Australia document improvement notice issued to Kalgoorlie Cement Works, Mark Posa Manager, which I understand is dated November 13 2001 -
(1) Can the Minister state how many improvement notices, the specific text of each improvement notice, breaches of regulations or Acts that have been identified at this site in the last three years?
(2) If no to (1), why not?
(3) Will Worksafe investigate Kalgoorlie Cement Works practice of allowing untrained children under the age of 18 years to operate equipment such as a forklift/bobcat loader?
(4) If no to (3), why not?
(5) Is it correct that part of this document states ‘I have formed the opinion that you are contravening regulation 3.98(1) of the Occupational Safety and Health Regulations 1996 and the grounds for my opinion are oxy/acetylene manifold blow pipe sets are not fitted with flash arresters’?
(6) If no to (5), can the Minister state what specifically in part was stated in the document?
(7) What is the penalty for contravening the Occupational Safety and Health Regulations?
(8) Has the site been recently inspected to ensure compliance with this improvement notice and all other legislation pertaining to the site?
(9) If no to (8), why not?
(10) If yes to (8), on what date was it inspected and what specific matters did Worksafe advise the operator to comply with?

AnswerView source ↗

Answered
11 March 2003
Responded by
Minister for Racing and Gaming representing the Minister for Consumer and Employment Protection
Response time
7 days
13 November 2001 Regulation 3.60(3)(b) Occupational Safety and Health Regulations 1996 – Workplace areas where electricity is supplied to portable equipment through fixed sockets are not protected against earth leakage current (risk of shock or electrocution to employees) (Improvement Notice); 13 November 2001 Regulation 3.98(1) Occupational Safety and Health Regulations 1996 – Oxy/acetylene manifold/blowpipe sets are not fitted with flash arresters (Improvement Notice); 13 November 2001 Section 19 (1)(a) Occupational Safety and Health Act 1984 – Sections of walkway around batching plant have not been provided and maintained with a guard rail that prevents persons from potential falls from open edges (Improvement Notice); 13 November 2001 Section 20 (1)(b) Occupational Safety and Health Act 1984 – At time of visit cement tanks were sighted stored one above the other in close proximity to residential property (Improvement Notice); 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam (Improvement Notice); 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use (Prohibition Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck (Improvement Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader (Prohibition Notice); 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents (Improvement Notice). 2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
13 November 2001 Regulation 3.98(1) Occupational Safety and Health Regulations 1996 – Oxy/acetylene manifold/blowpipe sets are not fitted with flash arresters (Improvement Notice); 13 November 2001 Section 19 (1)(a) Occupational Safety and Health Act 1984 – Sections of walkway around batching plant have not been provided and maintained with a guard rail that prevents persons from potential falls from open edges (Improvement Notice); 13 November 2001 Section 20 (1)(b) Occupational Safety and Health Act 1984 – At time of visit cement tanks were sighted stored one above the other in close proximity to residential property (Improvement Notice); 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam (Improvement Notice); 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use (Prohibition Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck (Improvement Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader (Prohibition Notice); 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents (Improvement Notice). 2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
13 November 2001 Section 19 (1)(a) Occupational Safety and Health Act 1984 – Sections of walkway around batching plant have not been provided and maintained with a guard rail that prevents persons from potential falls from open edges (Improvement Notice); 13 November 2001 Section 20 (1)(b) Occupational Safety and Health Act 1984 – At time of visit cement tanks were sighted stored one above the other in close proximity to residential property (Improvement Notice); 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam (Improvement Notice); 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use (Prohibition Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck (Improvement Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader (Prohibition Notice); 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents (Improvement Notice). 2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
13 November 2001 Section 20 (1)(b) Occupational Safety and Health Act 1984 – At time of visit cement tanks were sighted stored one above the other in close proximity to residential property (Improvement Notice); 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam (Improvement Notice); 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use (Prohibition Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck (Improvement Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader (Prohibition Notice); 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents (Improvement Notice). 2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam (Improvement Notice); 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use (Prohibition Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck (Improvement Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader (Prohibition Notice); 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents (Improvement Notice). 2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use (Prohibition Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck (Improvement Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader (Prohibition Notice); 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents (Improvement Notice). 2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck (Improvement Notice); 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader (Prohibition Notice); 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents (Improvement Notice). 2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader (Prohibition Notice); 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents (Improvement Notice). 2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents (Improvement Notice). 2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
2. N/A. 3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
3. WorkSafe has investigated allegations of untrained children under the age of 18 years operating equipment such as a forklift/bobcat loader and has addressed the issue by way of Prohibition Notice P49361 as issued on 14 August 2002 and as referred to above. 4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
4. N/A. 5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
5. Yes. 6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
6. N/A. 7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
7. Penalties vary according to the offence. The penalty for breach of Regulation 3.98(1) is up to $25,000. 8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.
8-10. A compliance slip was returned in relation to this notice. A revisit was made on 14 August 2002 in response to further complaints. Following this visit additional Notices were issued but for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified during this visit.

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