|Offender||Steven Alexander Carl Zankl|
|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||MH4858/11||12 November 2009||12th March 2012||20(1)(b) 20A(2)||20A(2)(c)||$8,000.00||12th March 2012|
|Description of Breach(es)||
Being an employee, failed to take reasonable care to avoid adversely affecting the safety or health of any other person through any act or omission at work, and thereby caused serious harm to a person.
As at and on 12 November 2009, the Accused was an employee of a construction company and was working for the construction company on a building construction site at 30 Sirrocco Drive, Erskine (Workplace). The Accused was undertaking dogging and general labouring at the Workplace.
On 12 November 2009, two other employees were working for the construction company at the Workplace as general labourers.
At around 10 a.m. on 12 November 2009, the two other employees were working in the ground floor pit area of lift shaft 6, situated in Block D of the Workplace.
The Accused scooped up some wet cement from a renderer's wheelbarrow on the second floor. He walked back downstairs to the lift shaft entrance on the first floor and lobbed the cement down the shaft, through the cage that had been installed over the shaft as a fall prevention system.
The Accused was aware that the two other employees were still working in the pit area of the lift shaft.
One of the employees was in the pit area. He looked up and the cement struck him in the left eye. He was taken to the emergency department of Fremantle Hospital where he was treated for a serious chemical burn to his left eye. The injured employee has subsequently had two operations on his left eye: an amniotic stem cell graft and a conjunctival graft.
As a result of his injury, the injured employee has suffered severe left corneal scarring, resulting in a 15% loss of vision in his left eye, photophobia and episodes of irritation and pain. He also has severely reduced tear production as a result of the injury, and will indefinitely require eye drops to his left eye a few times a day. He is likely to require indoor employment, away from wind and dust, as his scarred and dry left eye will make it difficult for him to work with any degree of comfort outdoors.
The injured employee's medical conditions are permanent and will not further improve.
The Accused pleaded guilty and was convicted.
|Court||Magistrates Court of Western Australia - Mandurah|
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