|Offender||Anthony Colin Foreman|
|Trading Name||Ultra Speed Rigging and Construction|
|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||RO8777/11||17 September 2010||5th January 2012||21(1) 21A(3)||3A(2)(a)(i)||$7,500.00||5th January 2012|
|2||RO8778/11||17 September 2010||5th January 2012||21(2)(b)(ii) 21A(3)||3A(2)(a)(i)||$12,500.00||5th January 2012|
|Description of Breach(es)||
Charge 1- Being a self employed person failed to take reasonable care to ensure his own safety and health at work; contrary to sections 21(1) and 21A(3) of the Occupational Safety and Health Act 1984.
Charge 2 - Being a self employed person failed, so far as was practicable, to ensure that the safety or health of a person was not adversely affected as a result of a hazard that was increased by the system of work that was being operated by the accused; contrary to sections 21(2)(b)(ii) and 21A(3) of the Occupational Safety and Health Act 1984.
At approximately 7:00am on Friday 17 September 2010, a WorkSafe Inspector attended the construction site of a proposed IGA Shopping Centre ("the construction site") situated at Lot 451 Hero Crescent, Bertram to conduct a pro-active inspection.
The Accused and Mr Michael Fisher ran a partnership trading as UltraSpeed Rigging and Construction, and had been engaged to erect the steel fabrication at the construction site.
As of Friday 17 September 2010 the construction site consisted of concrete tilt-up panels and a pre-fabricated steel roof rafter system.
The WorkSafe Inspector saw the Accused and a rigger ("the riggers") working at heights of approximately 5 metres at the construction site with no fall injury prevention system in place to prevent them from falling, exposing them to the risk of serious injury or death.
The rigger was not an employee of the Accused but on 17 September 2010 was under the direction and control of the Accused.
The riggers were placing and bolting into position roofing purlins on the erected steel roof rafter system. The riggers were lifting the purlins and walking along the rafters.
The riggers had gained access to the top section of the steel roof rafter system by means of an elevated work platform ("EWP"), one of three EWPs (two scissor lifts and one boom lift) on site provided for the purpose of installing the purlins. There were also suitable safety harnesses on site available.
On 14 September 2006, the Accused was issued with a Prohibition Notice referring to a failure to provide a fall injury prevention system whilst working at heights.
The Accused plead guilty to both charges and was convicted.
|Court||Magistrates Court of Western Australia - Rockingham|
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