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Prosecution Details

Offender Toowong Pastures Pty Ltd (ACN 127 356 567)

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 PE22399/12 12 November 2010 27th July 2012 3.55(2) 1.16(2)(b)(i) $5,000.00 27th July 2012
Description of Breach(es)

Being the main contractor at a workplace at which there was a risk that a person could fall 3 or more metres from an edge, other than an edge referred to in regulation 3.55(1) of the Occupational Safety and Health Regulations 1996, failed to ensure that either: edge protection that complied with regulation 3.55(5) was provided and kept in place; or a fall injury prevention system was provided and in operation, contrary to regulation 3.55(2).

Background Details

The Accused is a corporation that trades as KBE Contracting Australia, a roofing contractor.

The Accused was engaged to replace the roofing tiles with tin roofing at a single-storey private residence at 22 Elizabeth Street, North Perth (Workplace).

The Accused engaged a number of subcontractors to perform the work (Workers). One of the Workers was leading hand and directed the other Workers in relation to the work on site.

Another worker was also contracted by the Accused as supervisor and issued general instructions as to the work to be performed. He was not always on site.

On 12 November 2010 the Workers were working on the roof of the Workplace. Two Workers had just removed a solar hot water tank and together attempted to throw it from the roof into one of two skip bins on the neighbouring block of land.

There was a misunderstanding between the two Workers as to the timing of the throw. As a result, one of the Workers lost his balance and fell from the roof. He jumped to avoid the bins and landed between them on the sand in the neighbouring block.

The injured Worker required surgery to repair fractures to both his heel bones and a torn anterior cruciate ligament and meniscus in his left knee.

The edge of the roof from which the injured Worker fell was at least 4.5 metres above ground level.

No edge protection was provided by the Accused.

Although a fall injury prevention system (FIPS) in the form of a harness, rope, sling and lanyards had been provided by the Accused and could have been used at the Workplace, it was not being used by any of the Workers.

Whether or not to use FIPS or edge protection was left by the Accused to the individual Workers. There had been no particular discussion between the Workers of the risk of falling from the roof and neither the leading hand nor the supervisor instructed the Workers to use the FIPS or edge protection.




Outcome Summary

The Accused entered a guilty plea and was convicted

Court Magistrates Court of Western Australia - Perth
Costs $859.70

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