Prosecution Details

Charge 1 - Being the main contractor at a workplace, namely 23 South Perth Esplanade, South Perth failed to ensure that an opening in a concrete floor of a building at the workplace with dimensions of more than 200mm x 200mm but less than 2 metres x 2 metres which was not a lift well, a stairwell or a vehicle inspection pit, had wire mesh which met the requirements of regulation 3.54(2) of the Occupational Safety and Health Regulations 1996 (the Regulations) made under the Occupational Safety and Health Act 1984; contrary to regulation 3.54(1)(b)(i) of the Regulations.

Charge 2 - Being the main contractor at a workplace, namely 23 South Perth Esplanade, South Perth failed to ensure that an opening in a concrete floor of a building at the workplace with dimensions of more than 200mm x 200mm but less than 2 metres x 2 metres which was not a lift well, a stairwell or a vehicle inspection pit, was covered with a material that was strong enough to prevent persons or things entering or falling through the opening and which was securely fixed to the floor; contrary to regulation 3.54(1)(b)(ii) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Charge 3 - Being the main contractor at a workplace, namely 23 South Perth Esplanade, South Perth failed to mark a cover as referred to in regulation 3.54(1)(b)(ii) with clear legible lettering the words "DANGER - HOLE BENEATH"; contrary to regulation 3.54(3)(b)(i) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Charges 1 - 3

The accused is a company that constructs commercial buildings.

The accused employs staff, and also contracts works to various contractors (subcontractors).  These subcontractors also have persons carrying out work for them.

The injured person was a bricklayers labourer.  He was working for a bricklaying subcontractor at the workplace.

On 19 October 2006 he was working with a team to erect brick walls on the third level of the building at the workplace.  On the third level where he was working there was a 19mm plywood cover over an opening in the floor slab to accommodate other subcontractors.  The cover had been installed in the days prior to the incident under instruction from the site manager for the accused.

Subcontractors worked over the plywood cover, supported by formwork from beneath, pushing barrows of mud and bricks in the days prior to the accident without incident.

At the time the plywood cover was installed over the opening in the concrete floor the underside of the opening was still closed with formwork sheeting that had yet to be stripped following the pouring of the floor slab.

During the morning of the incident the formwork was being stripped from the underside of the floor slab.  The plywood cover over the opening was not fixed in any way to the formwork. 

On returning from his lunchbreak the bricklayers labourer stepped on the plywood cover to one of the openings.  The form ply covering the opening gave way and he fell approximately 3.130 metres through the opening to the lower level.  He suffered a broken bone in his left foot.

There was no mesh in the opening preventing him from falling through the opening. 

The plywood was not sufficient or fixed sufficiently to prevent him from falling through the opening.

There was no signage on the covers warning of the hazard and risk presented by the opening once the formwork was stripped from the underside of the slab.

Pleaded Guilty

Please note that the charges have a global fine. While a penalty is imposed on each charge it is for the global fine and not a separate amount for each charge.