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Prosecution Details

Offender Che Christopher Barden


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 Unknown at time of publication 06 May 2008 22nd October 2010 3.55(1) 1.16(2)(a)(i) $1,500.00 22nd October 2010
Description of Breach(es)

Being a person in control of a workplace failed to provide edge protection compliant with reg 3.55(5) of the Occupational Safety and Health Regulations 1996 whenever there was a risk that a person could fall 2 or more metres from the edge of a fixed stair, landing or suspended slab at the workplace: Regulation 3.55(1) of the Occupational Safety and Health Regulations 1996.

Background Details

On the 6 May 2008 the Accused, trading as C & L Barden Brickworks, was contracted to complete the brickwork at a multi-storey apartment complex at Lot 102-103 Hay Street in East Perth.  J-Corp Pty Ltd was the main contractor at the workplace and engaged the Accused to complete the brickwork on site.  Prior to the inspection by WorkSafe on 6 May 2008, edge protection, being a formwork deck which covered the length of the building was in place.  The formwork was removed by formworkers who were not engaged by the Accused, sometime between 5 and 6 May 2008, contrary to the agreed program or works, and without notice to the Accused. 

Prior to the inspection by WorkSafe which commenced at about 12pm on 6 May 2008, it was bought to the attention of the site supervisor engaged by the main contractor, who immediately informed the Accused's supervisor, that the formwork had been removed.  The subcontractors engaged by the Accused were instructed by the main contractor's site supervisor and the supervisor engaged by the Accused to cease work in the area of the workplace without edge protection and the area was sectioned off with danger tape.  During the site inspection conducted by WorkSafe inspectors, they observed two bricklayers engaged by the Accused, working on a first floor unit where there was no edge protection, exposing them to the risk of a fall of approximately 3.14 metres.

The bricklaying works were suspended for two weeks until scaffolding was installed.

The Accused entered a guilty plea

Outcome Summary

Plea of Guilty

Court Magistrate's Court of Western Australia - Perth
Costs $1420.70

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