Prosecution Details
Offender | Coda Contracting Pty Ltd (ACN 103 678 039) |
Charges
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 1.5.1.4 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 |
Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.
Offences committed prior to 1 January 2005, while of limited comparative relevance, can be accessed via the following link.