❓ Hon Robin Chapple asks about a Worksafe improvement notice issued to Kalgoorlie Cement Works in 2001, seeking details on compliance, penalties, and potential prosecution. The Minister's response details the penalties, a revisit in 2002, and further breaches identified, with a new complaint under investigation.
AnsweredQoN 396Legislative Council
QuestionView source ↗
I refer to a Worksafe of Western Australia document improvement notice issued to Kalgoorlie Cement Works, operated by Mark Posa Manager, which I understand is dated November 13 2001 -
(1) Is it correct that part of this document states ‘I have formed the opinion that you are contravening section 21(1) (b) of the
Occupational Safety and Health Act 1984
and the grounds for my opinion are at the time of visit cement tanks were sighted stored one above the other in close proximity to residential property?
(2) If no to (1), can the Minister state what specifically in part was stated in the document?
(3) What is the penalty for contravening the
Occupational Safety and Health Act
?
(4) Has the site been recently inspected to ensure compliance with this improvement notice and all other legislation pertaining to the site?
(5) If no to (4), why not?
(6) If yes to (4), on what date was it inspected and what specific matters did Worksafe advise the operator to comply with?
(7) Will Worksafe prosecute the owner of these premises for contravening the Act or regulations given as of February 25 2003 cement items were being stored one above the other in close proximity to residential property?
(8) If no to (7), why not?
(1) Is it correct that part of this document states ‘I have formed the opinion that you are contravening section 21(1) (b) of the
Occupational Safety and Health Act 1984
and the grounds for my opinion are at the time of visit cement tanks were sighted stored one above the other in close proximity to residential property?
(2) If no to (1), can the Minister state what specifically in part was stated in the document?
(3) What is the penalty for contravening the
Occupational Safety and Health Act
?
(4) Has the site been recently inspected to ensure compliance with this improvement notice and all other legislation pertaining to the site?
(5) If no to (4), why not?
(6) If yes to (4), on what date was it inspected and what specific matters did Worksafe advise the operator to comply with?
(7) Will Worksafe prosecute the owner of these premises for contravening the Act or regulations given as of February 25 2003 cement items were being stored one above the other in close proximity to residential property?
(8) If no to (7), why not?
AnswerView source ↗
Answered
1 April 2003
Responded by
Minister for Racing and Gaming representing the Minister for Consumer and Employment Protection
Response time
28 days
2. N/A. 3. Penalty for breach of this Section of the Occupational Safety and Health Act 1984 is up to $100,000, or up to $200,000 if contravention causes death or serious harm to an employee. 4. A compliance slip was returned in relation to this notice. A revisit was made on 14 & 15 August 2002 in response to further complaints. Additional Notices were issued for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified. 5. N/A. 6. WorkSafe revisited the site on 14 & 15 August 2002. Matters the operator (employer) was required to comply with were: 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
3. Penalty for breach of this Section of the Occupational Safety and Health Act 1984 is up to $100,000, or up to $200,000 if contravention causes death or serious harm to an employee. 4. A compliance slip was returned in relation to this notice. A revisit was made on 14 & 15 August 2002 in response to further complaints. Additional Notices were issued for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified. 5. N/A. 6. WorkSafe revisited the site on 14 & 15 August 2002. Matters the operator (employer) was required to comply with were: 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
4. A compliance slip was returned in relation to this notice. A revisit was made on 14 & 15 August 2002 in response to further complaints. Additional Notices were issued for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified. 5. N/A. 6. WorkSafe revisited the site on 14 & 15 August 2002. Matters the operator (employer) was required to comply with were: 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
5. N/A. 6. WorkSafe revisited the site on 14 & 15 August 2002. Matters the operator (employer) was required to comply with were: 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
6. WorkSafe revisited the site on 14 & 15 August 2002. Matters the operator (employer) was required to comply with were: 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
3. Penalty for breach of this Section of the Occupational Safety and Health Act 1984 is up to $100,000, or up to $200,000 if contravention causes death or serious harm to an employee. 4. A compliance slip was returned in relation to this notice. A revisit was made on 14 & 15 August 2002 in response to further complaints. Additional Notices were issued for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified. 5. N/A. 6. WorkSafe revisited the site on 14 & 15 August 2002. Matters the operator (employer) was required to comply with were: 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
4. A compliance slip was returned in relation to this notice. A revisit was made on 14 & 15 August 2002 in response to further complaints. Additional Notices were issued for different and unrelated breaches. No breaches of legislation relating to the earlier Notices were identified. 5. N/A. 6. WorkSafe revisited the site on 14 & 15 August 2002. Matters the operator (employer) was required to comply with were: 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
5. N/A. 6. WorkSafe revisited the site on 14 & 15 August 2002. Matters the operator (employer) was required to comply with were: 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
6. WorkSafe revisited the site on 14 & 15 August 2002. Matters the operator (employer) was required to comply with were: 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Lifting beam has no safe working load stencilled on beam; 14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
14 August 2002 Section 19(1)(a) Occupational Safety and Health Act 1984 – Forklift beam unsafe for its intended use; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – No Rating Plate on forklift truck; 14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
14 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Young untrained persons operating skid steer loader; 15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
15 August 2002 Section 19(1)(b) Occupational Safety and Health Act 1984 – Drums on site have no labels in relation to contents. 7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
7-8 WorkSafe was made aware of this specific complaint on 6 March 2003 and is currently investigating.
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