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Prosecution Details

Offender Red Ink Homes Pty Ltd (ACN 119 012 734)

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 JO2301/12 10 September 2010 25th January 2012 3.55(2) 1.16(2)(b)(i) $6,000.00 25th January 2012
Description of Breach(es)

Being an employer, at a workplace, failed to ensure that either edge protection or a fall injury prevention system was provided and kept in place where there was a risk that workers could fall more than 3 metres, contrary to Regulation 3.55(2) of the Occupational Safety and Health Regulations 1996.

Background Details

The Accused is a company that operates a business building residential homes.

On 10 September 2010 the Accused was building a single storey brick and tiled residential home at Lot 390 Plumeria Rise, Sinagra in the State of Western Australia (the Workplace).

The Accused employed  a supervisor to supervise the construction of the home.

The Accused engaged Stuart Dool trading as Australian Roof Structures Efficient to construct the timber roof frame of the home.

Stuart Dool employed an apprentice.

On 10 September 2010 Stuart Dool and the apprentice were working on constructing the timber roof frame where they were exposed to the risk of a fall greater than 3 metres.

During the course of his work the apprentice misplaced his footing causing him to stumble and fall off the roof. He landed on a limestone retaining wall approximately 2.4 metres below the roof height and then fell a further approximate 900 millimetres down the side of the retaining wall on to the neighbouring property.

As a result of the fall the apprentice suffered a broken little finger and broken ring finger on his left hand.  He also suffered significant bruising to his back.

Contrary to Regulation 3.55(2) the Accused failed to ensure that either edge protection or a fall injury prevention system was provided and kept in place where there was a risk that a worker could fall more than 3 metres.




Outcome Summary

The Accused plead guilty and was convicted.

Court Magistrates Court of Western Australia - Joondalup
Costs $528.00

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