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Prosecution Details

Offender Access Matrix Scaffold Pty Ltd (ACN 137 890 736)


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 PE11293/12 20 October 2009 4th May 2012 3A(3)(b)(i) $22,000.00 4th May 2012
Description of Breach(es)

Being an employer failed, so far as was practicable, to ensure that the safety or health of a person who was not its employee, was not adversely affected wholly or in part as a result of work that had  been undertaken by it or its employees or any hazard that arose from or was increased by that work or the system of work that had been or was being operated by the accused and by that contravention caused serious harm to a person contrary to 21(2)(a)(i) & (b)(i)(ii) of the Occupational Safety and Health Act 1984

Background Details

The accused is a company that supplies and erects scaffolding on construction sites.

On 20 October 2009, the accused was responsible for all scaffolding work being carried out at a construction site on 124 Abbett Street, Scarborough, where a triplex was under construction.

There was a void in the first floor of the central unit, known as unit B.  The accused erected scaffolding inside part, but not all, of that void.  The remaining section of the void was covered by pieces of Structaflor particle-board and was not supported underneath by any scaffolding.

A worker was working on the first floor of unit B when he stepped onto the Structaflor particle‑board that had been covering part of the void in the floor.  The particle-board gave way under the worker's weight and he fell 2.7 metres onto the ground floor concrete slab.

It had appeared to the worker that the Structaflor particle-board over the void was supported underneath in the way that it was on the rest of the floor. 

As a result of his fall, the worker fractured his skull, ribs, spine and shoulder.

The Structaflor was spanning a greater distance than that specified by the manufacturer.  This was clearly marked on the underside of the Structaflor.

After the worker's accident, the accused quickly and easily covered the opening with planks.

After the accident the same hazard was found in the other two units and was fixed by the accused by covering the voids with planks.

The accused failed to fully protect the void, notwithstanding that planks were available at the accused's storage yard and its representatives had attended the site several times during which they could have covered the void.

Outcome Summary

The Accused entered a guilty plea and was convicted.

Court Magistrates Court of Western Australia - Perth
Costs $1500.00

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