Prosecution Details

Being an employer at a workplace, failed to ensure that a fall injury prevention system was provided and was in operation whenever there was a risk that a person could fall 3 or more metres from an edge at the workplace, other than an edge referred to in regulation 3.55(1): contrary to regulations 3.55(2)(b) and 1.16 of the Occupational Safety and Health Regulations 1996.

The Accused operated a steel pole manufacturing business from premises located at 41 Austin Avenue Maddington. 

On 7 May 2007 an employee working for the Accused loaded a semi-trailer with galvanised items. The load principally consisted of long items such as light poles and wind-sock poles.  The flat bed of the truck stood at a height of approximately 1.4 metres.  The employee was standing on top of the loaded trailer when he slipped and fell to the ground.  From the position the employee was standing to the ground was a fall of more than 3 metres.

As a result of this fall the employee suffered severe fractures to both his legs.

The Accused had not provided a fall injury prevention system for this activity at the time of the accident.

Subsequent to this accident the Accused developed and installed a fall prevention system consisting of a static line and inertia reel running the length of the trailer bay to which an employee could attach a safety harness.

This fall arrest system does not prevent falls but minimises the risk and severity of injury if an employee does fall when performing such tasks.

The Accused plead guilty