|Offender||Picton Civil Pty Ltd (ACN 127 793 453)|
|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||BU3684/2017||On or about 10 August 2016||14th August 2017||3.117(1)||1.16(2)(b)(i)||$4,000.00||14th August 2017|
|Description of Breach(es)||
Did class 1 demolition work at Unit 3, Block H, Homemaker Centre, 42 Strickland Street, BUNBURY in the State of Western Australia, without having been issued a class 1 demolition licence.
The Accused, Picton Civil Pty Ltd, is an Australian Company with company registration number 127 793 453 and is the operator of an earthworks and demolition business.
The accused holds a Class 2 Demolition licence. This was renewed on 11 December 2015 and is current until 10 December 2017.
The Accused’s Operations Manager, was the nominee/approved person on the demolition licence.
Class 1 Demolition Work is defined in regulation 3.114 as demolition work that includes:
As the accused only holds a Class 2 demolition licence it cannot perform Class 1 demolition work.
The Accused had previously been issued with a WorkSafe Improvement Notice in June 2015 which was given to the competent person being the Operations Manager after having performed Class 1 demolition work without the appropriate class of licence.
This Improvement Notice was for the removal of precast concrete panels erected by tilt up method and directed the accused to ensure that any demolition work done at a workplace is done by a person who has been issued with the appropriate demolition licence.
Sometime prior to 3 August 2016, the Accused was engaged by a building company to perform demolition work at the Unit 3 Block H, Homemaker Centre, 42 Strickland Street, Bunbury. This is also known as Beacon lighting, Mervyn Street, Bunbury (the premises).
The accused’s Operations Manager completed the required Notification of Demolition Work to WorkSafe on 3 August 2016 on behalf of the accused.
In this notification the Operations Manager stated the proposed commencement date of demolition would be 11 August 2016, that the demolition Class was “Class 2” and the description was “removal of concrete panels”.
On 10 August 2016 a number of workers including the Operations Manager signed onto the accused’s prepared Safe Work Method Statement (SWMS). The Job description of the SWMS was “Removal of Tilt up Panel”.
On or about 10 August 2016, the accused removed precast concrete panels erected by tilt up method using a 200 tonne SWL crane at the premises.
Both the tilt up panels and the size of the crane meant that this demolition should only be carried out by the holder of a Class 1 demolition licence.
On 11 August 2016 WorkSafe Inspectors attended the premises and observed that the demolition had already been completed.
Whilst at the premises WorkSafe Inspectors received a phone call from the Operations Manager during which the Operations Manager said he had made arrangements with another company to do the demolition work that held a Class 1 licence and that the work would be done the following week.
However the accused had already completed the work the day before.
The Accused entered a guilty plea on first mention and was convicted. The Magistrate fined the Accused $4000.00 and ordered costs of $1338.50.
|Court||Magistrates Court of Western Australia - Bunbury|
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