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Prosecution Details

Offender Airdas Pty Ltd
Trading Name Tyrone Bricklaying

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 AR11165/09 2 July 2008 15th February 2010 3.55(1)(a) 1.16(2)(b)(i) $2,000.00 15th February 2010
Description of Breach(es)

Being an employer at a workplace, did not ensure that edge protection that complied with regulation 3.55(5) of the Occupational Safety and Health Regulations 1996 was provided and kept in place or a fall injury prevention system was provided and in operation when there was a risk that a person could fall 2 metres or more from an edge at the workplace; contrary to regulation 3.55(1) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Background Details

The Accused is a bricklaying business that was engaged to build a community centre for the City of Gosnells.

On Wednesday, 2 July 2008 two WorkSafe Inspectors inspected the workplace where two bricklayers, a labourer, and an apprentice employed by the Accused were laying bricks to build a plant room in the middle of the community centre.

Bricks had been laid past the height of the first floor concrete slab.

There was scaffolding around the outside of the plant room, inside of it, a ground floor concrete slab and a concrete slab which was the first floor of the building.

The apprentice had to walk on the scaffolding that surrounded the plant room, across a ramp onto the first floor concrete slab and then onto the scaffold inside the plant room. 

The scaffolding surrounding the plant room is a modular scaffold.

When standing on the scaffold the apprentice was more than 3.5 metres above the ground floor concrete slab.

The scaffolding inside the plant room is a frame scaffold.

When standing on the scaffold the apprentice was 3.160 metres above the ground floor concrete slab.

When standing on the first floor concrete slab the apprentice was 2.9 metres above the ground floor concrete slab.

Tools and materials such as concrete blocks and cement had to be moved from the ground floor up to the first floor and inside of the plant room.

The apprentice was at risk of falling more than two metres onto the concrete slab that was the ground floor of the building, and also hitting the bricks and metal pipes.

The WorkSafe Inspectors issued a Prohibition Notice to the Accused.  It stopped work until edge protection was in place.




Outcome Summary

Pleaded Guilty

Court Magistrates Court of Western Australia - Armadale
Costs $2,860.00

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