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Prosecution Details

Offender Ria Contracting Pty Ltd (ACN 114 728 111)


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 PE47711/10 9 September 2008 24th February 2011 3A(2)(b)(i) $25,000.00 24th February 2011
Description of Breach(es)

Being an employer, failed, so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards; contrary to sections 19(1) and 19A(3) of the Occupational Safety and Health Act 1984.

Background Details

The Accused is a company that carries out formwork in the construction industry and had been engaged by a main contractor to carry out formwork at a construction site on Terrace Road in East Perth.

The accused had employees at the workplace, including one worker who was a formwork carpenter.  At approximately 12 noon on 9 September 2008, the form-worker and another worker went to unit 67B situated on level 21 of the eastern tower of the site. There had been a plywood cover over a 700mm x 560mm opening in the floor of that unit. The cover was removed in order for two other workers to pass materials up from the unit below situated on level 20.

This method of transferring the form-working materials between levels was encouraged by the Accused.

The form-worker had positioned himself in such a way that he was lying on the concrete floor with his head and arms over the opening so he could talk to the two workers below. When the form-worker went to stand up, he fell into the opening and approximately 2.87 metres to the ground of the unit below.

The form-worker landed on his head and suffered numerous injuries including fractures of two vertebrae.

Outcome Summary

Found Guilty by Magistrate in trial.

Court Magistrates Court of Western Australia - Perth
Costs $5910.18

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