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Prosecution Details

Offender Access Alum Australia Pty Ltd (ACN 128 050 671)


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 PE31513/11 17 July 2009 16th September 2011 3A(2)(b)(i) $15,000.00 16th September 2011
Description of Breach(es)

Where under a labour hire arrangement work was carried out for remuneration by a worker for the accused who was a client of a labour hire agent, in the course of the accused trade or business, the accused failed to, so far as practicable, provide and maintain a working environment in which the worker was not exposed to hazards; contrary to sections 23F, 19(1) and 19A(3) of the Occupational Safety and Health Act 1984.

Background Details

The Accused was in the business of supplying and installing aluminium and glass facades to buildings and was engaged to supply and install the aluminium and glass facades of the Sky Apartment Complex at 148 Adelaide Terrace, East Perth.  The Accused engaged a labour hire company to supply labour to do this work.

The glass was delivered to site in a wooden crate. The crate's dimensions standing up horizontally were 2.565 X 0.374 X 1.490 containing 30 glass panels each weighing approximately 56 kg.

When the front of the wooden crate was opened the front of the crate and the panels in it fell forward pinning the hired worker underneath them.  The hired worker was injured and suffered a fractured femur on his left leg. 

Unbeknown to the Accused, the crates had been unpacked this way on a number of occasions.  A steel "A" frame trolley strong enough to support a crate while holding at a safe angle could have been used by the Accused.

Outcome Summary

The Accused pleaded guilty.

Court Magistrates Court of Western Australia - Perth
Costs $1584.00

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