Prosecution – Plea of not guilty – Two counts – First count – Defendant being an employer failed to ensure so far as was reasonably practicable that its employee was, whilst at work, safe from injury and risks to health – Whilst at work the employee was attempting to straighten curtain fabric in a curtain press when the head of the curtain press closed unexpectedly on her hand and arm – Alleged failure by the defendant to provide and maintain so far as was reasonably practicable plant in a safe condition in that it failed to ensure that the operation of the Program Logic Controller was configured and programmed such that the activation of the head plate was configured as a “hold-to-run” for the entire operating cycle so that the total operating cycle is determined by the release of the “hold-to-run” – Or the air supply to the head plate did not remain active indefinitely or until such a time that it had to be manually reset – Second count – The defendant being an employer reused, repaired or removed plant connected with the occurrence of an immediately notifiable work-related injury without the permission of an Inspector – Held: Onus of proving charges as particularised not proved beyond reasonable doubt – Complaint and summons dismissed – S.19(1) Occupational Health, Safety and Welfare Act 1986, Regulation 418(2) Occupational Health, Safety and Welfare Regulations 2010. Symons v Karl Chehade Dry Cleaning Pty Ltd [2015] SAIRC 32 (5 November 2015).
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