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Prosecution Details

Offender Michael Barry Fisher
Trading Name Ultra Speed Rigging and Construction


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 RO8780/11 17 September 2010 5th January 2012 3A(2)(a)(i) $12,500.00 5th January 2012
Description of Breach(es)

Being a self employed person failed, so far as was practicable, to ensure that the safety or health of a person was not adversely affected as a result of a hazard that was increased by the system of work that was being operated by the accused; contrary to sections 21(2)(b)(ii) and 21A(3) of the Occupational Safety and Health Act 1984.

Background Details

At approximately 7:00am on Friday 17 September 2010, a WorkSafe Inspector attended the construction site of a proposed IGA Shopping Centre ("the construction site") situated at Lot 451 Hero Crescent, Bertram to conduct a pro-active inspection.

The Accused and Mr Anthony Foreman ran a partnership trading as UltraSpeed Rigging and Construction, and had been engaged to erect the steel fabrication at the construction site.

As of Friday 17 September 2010 the construction site consisted of concrete tilt-up panels and a pre-fabricated steel roof rafter system.

The WorkSafe Inspector saw Anthony Foreman and a rigger ("the riggers") working at heights of approximately 5 metres at the construction site with no fall injury prevention system in place to prevent them from falling, exposing them to the risk of serious injury or death.

The rigger was not an employee of the Accused but on 17 September 2010 was under the direction and control of the Accused.

The riggers were placing and bolting into position roofing purlins on the erected steel roof rafter system. The riggers were lifting the purlins and walking along the rafters.

The WorkSafe Inspector approached the Accused, who requested the riggers come down from the roof.

The riggers had gained access to the top section of the steel roof rafter system by means of an elevated work platform ("EWP"), one of three EWPs (two scissor lifts and one boom lift) on site provided for the purpose of installing the purlins.  There were also suitable safety harnesses on site available.

The Accused was in control of the workplace, was aware that the riggers were working at height with no fall prevention system in place, and yet allowed it to occur.

On four different occasions between October 2005 and May 2009 the Accused was issued with a Prohibition Notices referring to a person failing to provide a fall injury prevention system whilst working at heights.

Outcome Summary

The Accused plead guilty and was convicted.

Court Magistrates Court of Western Australia - Rockingham
Costs $950.70

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