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Prosecution Details

Offender Coda Contracting Pty Ltd (ACN 103 678 039)


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 FR5698/11 Between 16/11/2008 and 25/11/2008 6th May 2011 3.123(1) 1.16(2)(b)(i) $2,500.00 6th May 2011
Description of Breach(es)

Being a person who was an employer at a workplace where demolition work other than class 1, class 2 or class 3 demolition work was being done, failed to ensure that the work was done in accordance with AS 2601; contrary to regulation 3.123(1) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Background Details

The Accused was contracted to demolish an existing residence at 39 Wardie Street, South Fremantle.  The Accused, acting through its employees, commenced demolition on or before 17 November 2008 and intermittently removed debris from the site thereafter.

On 24 November 2008 a WorkSafe Inspector attended the site, at which time the site was still in the process of being cleared of debris from the demolition, including pieces of asbestos fencing.  A  mechanical excavator was also on site although not in use.

At no time in the period of over a week from commencement of demolition to 24 November 2008 had access to site by persons not involved in the demolition been prevented by security fencing around its perimeter, as required by clause of AS2601 - 2001.

The WorkSafe Inspector issued an improvement notice to the Accused in respect of this breach, which was remedied by the next day 25 November 2008.

Outcome Summary

The Accused pleaded guilty

Court Magistrates Court of Western Australia - Fremantle
Costs $649.70

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