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Prosecution Details

Offender Bradley Robert Festa

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 7 April 2008 10th March 2011 4.54(12) 4.54(4) 1.16(2)(a)(i) $2,500.00 10th March 2011
Description of Breach(es)

Being a responsible person at a workplace failed to ensure that a hoist at the workplace was operated in accordance with regulation 4.54(4) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984; contrary to regulation 4.54(4) of the Regulations.

Background Details

The Accused was a self-employed person, contracted to help complete the exterior metal flashing of a building under construction at a workplace in CanningVale.

On 7 April 2008 a WorkSafe Inspector attended the workplace and observed the Accused along with a fellow worker, operating a boom supported elevated work platform without wearing a safety harness, exposing them to the risk of a fall of approximately 8 metres.

The Accused had been issed a Prohibition Notice previously on 17 September 2007 for a similar breach of not wearing a safety harness whilst in a boom-type elevated work platform.




Outcome Summary

Pleaded guilty

Court Magistrates Court of Western Australia - Armadale
Costs $679.00

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.

Offences committed prior to 1 January 2005, while of limited comparative relevance, can be accessed via the following link.