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Prosecution Details

Offender Diploma Construction (WA) Pty Ltd (ACN 113 950 100)


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 FR1560/2010 5 September 2008 4th March 2011 3.88J(1)(b) 1.16(2)(b)(i) $5,000.00 4th March 2011
Description of Breach(es)

On 5 September 2008 the Accused was a person, who, at a construction site where tilt-up work was proposed to be done, was a person having control of that workplace did not 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 that person was involved: contrary to regulation 3.88J(1)(b) and 1.16 of the Occupational Safety and Health Regulations 1996.

Background Details

The Accused was a company operating as a builder and was the main contractor at a construction site (the workplace) at Lot 9051 Armadale Road Jandakot WA. 

The people performing work at the workplace included workers performing work for a contracted company.  This company was contracted to erect tilt-up panels at the workplace by the Accused. 

On 5 September 2008 the workers were performing tilt-up panel erection work at the workplace.  Two of the workers employed as labourers performed part of the erection and bracing of the panel when hoisted into place.   On 10 September 2008 WorkSafe Inspectors attended the workplace and found that the two labourers had not completed an approved tilt-up safety course concerning the aspect of the tilt-up work in which they were involved.

Work of this nature is inherently dangerous as it requires the lifting of very heavy panels in a coordinated fashion between all persons involved in the erection and bracing of these panels.  It is imperative that each person have an understanding of their role and how they can safely lift and brace these panels so that they do not collapse.  The risk of injury from a panel that collapses is significant and a resulting injury could quite easily be fatal.  By permitting workers who had not completed the relevant course to work on tilt-up work the Accused exposed workers to a hazard. 

As a main contractor this was a matter within the Accused's capacity to exercise control.  It was practicable for the Accused to have ensured that only those people with the requisite training and experience performed tilt-up work.

Outcome Summary

The Accused entered a late guilty plea

Court Magistrates Court of Western Australia - Fremantle
Costs $2178.00

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