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Prosecution Details

Offender Boutique Building Company Pty Ltd (ACN 124 188 209)

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 RO4639/2011 7 January 2009 27th May 2011 3.55(2) 1.16(2)(b)(i) $5,000.00 27th May 2011
Description of Breach(es)

Being a person who at workplace was the main contactor or a person having control of the workplace, did not ensure that either: edge protection that complied with regulation 3.55(5) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984 was provided and kept in place whenever there was a risk that a person could fall 3 metres or more from an edge at the workplace other than an edge referred to in regulation 3.55(1) of the Regulations; or a fall injury prevention system was provided and in operation whenever there was a risk that a person could fall 3 metres or more from an edge at the workplace other than an edge referred to in regulation 3.55(1) of the Regulations; contrary to regulation 3.55(2) of the Regulations.

Background Details

The Accused is a building company that, on 7 January 2009 was the builder and main contractor at a commercial tilt-up construction site at Lot 335 Blackburn Drive in Port Kennedy.

The Accused engaged Western Metal Roofing Pty Ltd to install the roof at the workplace.

On 7 January 2009 a WorkSafe inspector attended the workplace and observed roof plumbers engaged by Western Metal Roofing, working on top of the roof on the south, eastern corner of the building without any form of edge protection or fall injury prevention system, exposing them to the risk of a fall of approximately 6.51 metres.

The roof plumbers were working close to the edge of the roof and at times working on the metal frame of the roof (beams and purlins), where there was an increased risk of a fall and serious injury.




Outcome Summary

The Accused pleaded guilty

Court Magistrates Court of Western Australia - Rockingham
Costs $653.70

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