|Offender||Morago Nominees Pty Ltd as Trustee for Gavin Homes (ACN 008810964)|
|Trading Name||T/as Gavin Constructions|
|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||PE 119033/11||1 December 2008||3rd May 2012||3.88E(b)||1.16(2)(b)(i)||$15,000.00||3rd May 2012|
|Description of Breach(es)||
Being a person, who at a construction site was an employer, failed to ensure that the removal of temporary bracing of a concrete panel at the construction site was in accordance with AS 3850 section 7; contrary to regulations 3.88E(b) and 1.16 of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.
On 1 December 2008 four tilt-up concrete panels collapsed at a construction site situated at Lot 829 / 12 Newcastle Street in Perth ("the site").
The four panels fell into the lift shaft / stairwell area of the building under construction. Four people had been working in the vicinity of the panels at the time, removing braces which were attached to the panels. Fortunately no-one was seriously injured.
At the time of the incident the site was under the control of Morago Nominees Pty Ltd as Trustee for Gavin Homes Unit Trust t/a Gavin Constructions. Gavin Constructions had been engaged to construct a 4-storey building on the site.
The primary method of construction at the site was tilt-up panel construction. This involves the erection of large pre-cast concrete panels which form the structure of the building. The panels are supported by temporary braces or props until they are safely incorporated into the structure of the building and the structure is capable of supporting the loads applied to the panels.
The labourers removed 6 braces before the panels collapsed. The braces or props provide temporary support for the panels until they are safely incorporated into the rest of the structure and the structure is capable of supporting the loads applied to the panels. The labourers ran out of the way of the collapsing panels.
Regulation 3.88E(b) requires that -
"(b) the removal of temporary bracing of a concrete panel at the construction site is in accordance with AS 3850 section 7".
The Australian Standard provides at clause 7.2 under the heading "Inspection prior to removal of braces":
"Prior to the removal of braces, the structure shall be inspected to ensure that all structural elements affecting stability are securely fixed to the panels.
"The inspection is usually carried out by the Designer or an authorised Agent and written approval to remove the braces given to the builder."
Under the heading 7.3 "Removal of Braces" the Standard provides:
"The removal of braces from a panel should be planned and conducted in a controlled manner to prevent risk of injury to people and damage to equipment. Braces to be removed from site should be loaded in such a manner as to allow a safe transport."
The panels were not inspected to ensure that all structural elements affecting stability were securely fixed to the panels prior to the braces being removed. No inspection by the designer or an authorised agent was undertaken and no written approval to remove the braces was given to the builder. At the time of the incident it was not the practice of the Accused to obtain approval before removing braces.
The Accused entered a guilty plea and was convicted
|Court||Magistrates court of Western Australia - Perth|
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