Prosecution Details

Being a person who, at a construction site where tilt-up work is proposed to be done, is a person having control of the workplace, failed to ensure that each person involved in the work had completed an approved course for persons involved in tilt-up work concerning the aspect of the tilt-up work in which the person was  involved; contrary to regulation 3.88J(1)(b) and regulation 1.16 of the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984

The Accused is a business involved in the supply and erection of concrete panels used in the tilt-up style of construction.   By contract dated 22 September 2008 the accused was engaged by another construction company to carry out construction work described as "excavate, supply and lay concrete, carry out reinforcements fixing and associated formwork for footings and ground floor slab, manufacture and erect tilt up panels and associated fixings and craneage" for a proposed showroom/warehouse development at Lot 483 Gnangara Road, Wangara.  That construction work involved tilt-up work within the meaning of part 3 of Division 9 of the Occupational Safety and Health Regulations 1996.

The Accused then subcontracted the tilt-up work at Lot 483 Gnangara Road to a rigging company.  The accused did not at that time specifically inquire as to whether all persons who would be working for the rigging company at Lot 483 Gnangara Road had all completed an approved course for persons involved in tilt-up work.

On 13 October 2008 the rigging company commenced the subcontracted work tilt-up work at Lot 483 Gnangara Road.  The part of the site in which the tilt-up work was to occur had been marked out and only people that were engaged in the tilt-up work were allowed within that area.  One of the company directors of the accused was present on site when the rigging company was inducted onto the site and asked by the construction company site supervisor whether they had all completed an approved course in tilt-up work.  Although the site supervisor was told by the rigging company that all workers had completed the approved course and that certificates would be supplied later that day, no certificate evidencing that fact was provided.  In fact 2 of the workers had not completed an approved course in tilt-up work.

Pleaded Guilty and application that no fine be imposed refused.