skip navigation
Back

Prosecution Details

Offender Stuart William Dool

Charges

Swipe to see more information
Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 JO2302/12 10 September 2010 11th January 2012 3.55(2) 1.16(2)(a)(i) $2,000.00 11th January 2012
Description of Breach(es)

Being an employer, 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 risk that the Accused and/or employee could fall more than 3 metres, contrary to Regulation 3.55(2) of the Occupational Safety and Health Regulations 1996.

Background Details

The Accused trades under the name Australian Roof Structures Efficient.  Australian Roof Structures Efficient conducts a roof carpentry business.

A building company engaged Australian Roof Structures Efficient to construct a timber roof at Lot 390 Plumeria Rise, Sinagra in the State of Western Australia (the Workplace).

On 10 September 2010 the Accused was constructing the timber roof.  The Accused employed an apprentice to assist in performing those works.

On 10 September 2010 the Accused and the apprentice were working on constructing the timber roof frame where they were exposed to the risk of a fall greater than 3 metres.

During the course of his work the apprentice misplaced his footing causing him to stumble and fall off the roof.  He landed on a limestone retaining wall approximately 2.4 metres below the roof height and then fell a further approximate 900 millimetres down the side of the retaining wall on to the neighbouring property.

As a result of the fall the apprentice suffered a broken little finger and broken ring finger on his left hand. He also suffered significant bruising to his back.

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 Accused and/or the apprentice could fall more than 3 metres.




Outcome Summary

The Accused plead guilty and was convicted.

Court Magistrates Court of Western Australia - Joondalup
Costs $352.00

Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.

Offences committed prior to 1 January 2005, while of limited comparative relevance, can be accessed via the following link.