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Prosecution Details

Offender AT Concrete Pty Ltd

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 AR11294/09 30 November 2006 21st December 2009 3.55(1)(b) 1.16(2)(b)(i) $1,500.00 21st December 2009
Description of Breach(es)

Being an employer at the workplace, 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 when there was a risk that a person could fall 2 or more metres from an edge at the workplace; contrary to regulation 3.55(1)(b) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Background Details

On 30 November 2006 the accused had been engaged by the builder in charge of the construction of a building in Canning Vale to build the first floor concrete slab.

On that day WorkSafe received a complaint that workers were working on the first floor formwork of a building in Canning Vale without edge protection, so they were at risk of falling over the edge.

As a result two WorkSafe Inspectors went to the site later that day and also saw this occurring.

The first floor formwork was approximately 3.45 metres from the ground and the workers worked as close as 1 metre from the edge.

 




Outcome Summary

Pleaded Guilty

Court Magistrates Court of Western Australia - Armadale
Costs $3,030.00

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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