A charge under s 9(1) of the Mines Safety and Inspection Act 1994 (WA) for failing to provide and maintain a safe system of work is not duplicitous merely because the systems deficiency may be described as a complete absence of system, an inadequate system, a defective system, or a failure to enforce a system. An employer's safe work procedures must address the actual methods of work practised at the mine, including the use of additional personnel not contemplated by written procedures. A fine of $75,000 against a maximum of $200,000 is not manifestly excessive where the contravention created a high risk of serious injury and caused the death of an employee.
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