Friday 14 November 2008
Prosecution continues for metal tooling company over apprentice death
THE HIGH Court has refused a metal tooling company’s leave to appeal, opening the way for workplace safety prosecution of the business.
Diemould Tooling Services was charged with breaches of the Occupational Health, Safety and Welfare Act 1986.
The company, together with oil and gas exploration company Santos, had appealed on a legal technicality based on the way the prosecution had drafted the charges in the complaints filed against them.
The High Court’s decision means the prosecution will now proceed before an Industrial Magistrate.
Diemould faces one charge of breaching section 19(1) of the Occupational Health, Safety and Welfare Act 1986 over the death of 18 year old apprentice, Daniel Madeley in June 2004.
The apprentice was fatally injured when he was caught in the spinning shaft of a horizontal borer at the company’s Edwardstown premises.
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