|Offender||Diploma Construction Pty Ltd|
|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||PE36115/05||15 April 2005||12th February 2007||3.55(1)(a)||1.16(2)(b)(i)||$8,000.00||12th February 2007|
|Description of Breach(es)||
Being a person who at a workplace was an employer did not ensure that edge protection that complied with regulation 3.55(5) of the Occupational Safety and Health Regulations 1996 was provided and kept in place whenever there was a risk that a person could fall 2 or more metres from the edge of a suspended slab; contrary to regulation 3.55(1)(a) of the Occupational Safety and Health Regulations 1996.
On 15 April 2005 the accused was in the building construction business.
On 15 April 2005 a WorkSafe Inspector attended the construction site in West Perth where the accused was constructing a nine-story apartment building (the Site). The accused's site supervisor was at the Site. The Inspector saw a person working at the open edge of the lift shaft, which had been cut into the concrete slab. This person was blocking up holes between concrete panels and putting edge boarding around the open edges of the lift shaft.
The distance from the edges of the lift shaft to the surface below was 4.7 metres. The surface below the lift shaft was concrete. The risk that a person would fall from an edge of the lift shaft to the surface below it was increased by the uneven and hazardous surface, which surrounded the lift shaft. The surface was hazardous because vertical and horizontal reinforcement props protruded from the concrete that surrounded the edges of the lift shaft. The surface was uneven because the concrete slabs that formed the surface around the lift shaft were of uneven height.
The accused did not have any edge protection in place to prevent a fall from the edge of the lift shaft.
The accused pleaded guilty.
|Court||Magistrates Court of Western Australia - Perth|
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.
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