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Prosecution Details

Offender Quality Builders Pty Ltd (ACN 009 129 677)

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 AR8722/11 2 July 2009 8th December 2011 3.55(2) 1.16(2)(b)(i) $4,000.00 8th December 2011
Description of Breach(es)

The Accused, being the main contractor, at a workplace, failed to ensure that either edge protection or a fall injury prevention system was provided and kept in place where there was a risk that workers could fall more than 3 metres, contrary to regulation 3.55(2) of the Occupational Safety and Health Regulations 1996.

Background Details

The Accused operates a business of manufacturing transportable homes from a premises located on the corner of Kelvin Road and Wildfire Road in Maddington (the Premises).

The Accused contracted two workers to work on the manufacturing of transportable homes at the Premises.

Both workers are qualified carpenters.

On 2 July 2009, the two workers were working for the Accused on the roof of a partly completed transportable home at the Premises. The roof was made out of corrugated sheeting.

The edge of the roof from which the two workers were working was approximately 3.289 metres above ground level, but in any event greater than 3 metres.

During the course of the work one worker slipped on the roof and fell off onto the ground. As a result, he suffered a broken tibula and fibula in his left leg and fractured his heal on his right foot.

At the time of the incident, the Accused had fall injury prevention systems available for both the two workers to use, but neither worker was aware of the availability of the fall injury prevention systems possessed by the Accused.

The Accused had not carried out any site induction or training with the workers regarding the use of fall injury prevention systems.

Contrary to Regulation 3.55(2) the Accused failed to ensure that either edge protection or a fall injury prevention system was provided and kept in place where there was a risk that the workers could fall more than 3 metres.




Outcome Summary

The Accused plead guilty and was convicted.

Court Magistrates Court of Western Australia - Armadale
Costs $352.00

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