Prosecution Details

The Accused, being a self-employed person, 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 the Accused could fall more than 3 metres, contrary to Regulation 3.55(2) of the Occupational Safety and Health Regulations 1996.

The Accused is self-employed and at the time of the offence had his own Australian Business Number.

On 11 May 2011, the Accused was working on the roof at a construction site located at Lot 64 Thornborough Road, Mandurah.  The Accused had been engaged by a roofing company to fit all the roofing material including the flashing and capping.

The roof that the Accused was working on was for a single storey tilt-up panel warehouse.  The roof height was 6.5 metres.

On 11 May 2011, the Accused was observed by a WorkSafe Inspector working on the roof, near the edge, without wearing any fall injury prevention system or having any edge protection in place.

The Accused had been working on the site for approximately three weeks and when asked why he was not using any fall injury prevention system, the Accused stated "'cause it was the last day".

The Accused had a harness in his ute which he states he had used on the previous days of work. There were anchor points available on the roof to be used with the harness.

On 11 May 2011, the Accused was issued with a Prohibition Notice prohibiting him from carrying out any further work on the roof without an adequate fall prevention system.

The Accused entered a plea of guilty and was convicted.