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Prosecution Details

Offender Getts Pty Ltd

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 Unknown at time of publication 31 July 2007 10th June 2010 3.55(1)(a) 1.16(2)(b)(i) $4,000.00 10th June 2010
Description of Breach(es)

Being a person who at a workplace was a person having control of the workplace, did not ensure that edge protection that complied with regulation 3.55(5) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984 was provided and kept in place whenever 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)(a) of the Regulations.

Background Details

 The Accused was engaged by Generation Homes (WA) Pty Ltd to perform flooring works at the construction of a residential house located at 40 Harrison Road Rockingham.  This involved the laying of a wooden floor on the second storey of the workplace whilst it was under construction. The Accused engaged a sub-contractor to assist in the performance of this work.

On 31 July 2007, The Director of the Accused, and the sub-contractor attended the workplace and proceeded to access the second storey to begin the flooring works. Access was via an internal stair well the top of which was approximately 2.4 metres above the floor of the ground floor. There was no edge protection at the top of this stairwell in place at this time.

Whilst laying the floor on the second storey the sub-contractor was working near the unprotected edge of the stairwell. He fell from the unprotected edge and fell 2.4 metres to the floor below.

 The Accused was a person in control of the workplace to the extent that whilst that flooring works was being performed the Accused had the capacity to limit the access of persons, including the sub-contractor, to that area.  

Accused pleaded guilty




Outcome Summary

Convicted

Court Magistrates Court of Western Australia - Rockingham
Costs $1750.70

Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.

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