|Offender||IHI Engineering Australia Pty Ltd (ACN 000945504)|
|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||CO308/11||Between 5 March 2009 & 16 April 2009 inclusive||31st August 2011||48(4) 54||3A(1)(b)(ii)(I)||$2,000.00||31st August 2011|
|Description of Breach(es)||
Being a person to whom improvement notice 22800095 was issued on 29 August 2008, did not comply with the improvement notice within the time specified therein; contrary to sections 48(4) and 54 of the Occupational Safety and Health Act 1984.
The Accused was the principal builder at the Bluewater Power station construction site on Boys Home Road in Collie. The Accused engaged Hitachi Plant Technologies Ltd ("HPT") to erect scaffolding on site.
On 29 August 2008 WorkSafe Inspectors attended the site and observed that the scaffolding on site had been erected with solid guard rails at ladder access points, contrary to the relevant Australian Standard Code of Practice AS/NZS 4576-1995, and necessitating workers gaining access to the scaffold to climb over or under the solid guard rail, exposing them to an increased risk of a fall from height whilst accessing the work platforms.
The WorkSafe Inspector formed the opinion that this was in contravention of section 19 of the Occupational Safety and Health Act 1984 and issued an Improvement Notice to the Accused stating the grounds for his opinion, being:
‘The access from ladders to the working platforms with a height of more than 2 metres on scaffolding throughout the site is hazardous for employees to access and egress from the working platforms because they are obstructed by fixed top guard rails, requiring employees to climb over or through the guard rails putting them at risk of falling while transferring from the ladder to the working platform."
The Improvement Notice directed the Accused to provide a safe system of work for employees who access or egress from the work platforms, referring specifically to clause 8.9 of the abovementioned Australian Standard. The date for compliance with the notice was 10 September 2008.
The Accused subsequently referred the notice for review to the WorkSafe Commissioner who affirmed the notice on 6 October 2008 with a modified compliance date of 23 October 2008.
The Accused then referred the matter to the Occupational Safety and Health Tribunal for a further review of the notice. The Tribunal affirmed the decision of the WorkSafe Commissioner on 27 October 2008.
On 17 November 2008 a meeting was held on the Bluewaters site to discuss compliance with the Improvement Notice. In attendance at the meeting were the Site Manager for the Accused, representatives of HPT and WorkSafe Inspectors. The meeting concluded by the Accused and HPT accepting the WorkSafe direction as set out in the Improvement Notice.
By way of an email dated 1 December 2008, the OSH Supervisor for HPT advised the Accused that "HPT is in the process of removing non compliant scaffolds" and that "all scaffolds erected from the notice date have been allocated drop arms or swing gates were applicable".
On 16 December 2008 WorkSafe received the compliance slip from the notice signed by the Site Manager for the Accused, confirming that the requirements of the notice had been complied with as of 18 November 2008.
On 20 January 2009 Acting Site Manager for the Accused, issued Site Notice No. 372 to contractors on the Bluewaters site, including to HPT, specifying that "Scaffold Gates should be fitted to the access and egress points on all scaffold over 2 metres where there is a possibility of falling".
On 5 March 2009 WorkSafe Inspectors conducted a general inspection at the site and found numerous ladder access locations on the scaffolding with solid guard rails, still non-compliant with the Improvement Notice issued. Following the inspection, an improvement notice no. 22900108 was issued to HPT dated 5 March 2009 ("the HPT Improvement Notice").
On 24 March 2009 the same two WorkSafe Inspectors returned to the site and again found solid guard rails at ladder access points with these scaffolds tagged fit for use, still non-compliant with the Improvement Notice issued to the Accused and with the requirements of the HPT Improvement Notice.
A further inspection on 16 April 2009 again found ladder access points with a solid guard rail in place and tagged fit for use, still non-compliant with the Improvement Notice issued to the Accused and with the requirements of the HPT Improvement Notice.
On 29 June 2011 HPT pleaded guilty to failing to comply with the HPT Improvement Notice contrary to sections 48(4) and 54 of the Occupational Safety and Health Act 1984 and was fined the sum of $2,000.00, plus costs.
The Accused plead guilty and was convicted
|Court||Magistrates Court of Western Australia - Collie|
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