Prosecution Details

Being a responsible person in relation to a construction site at which a crane with a maximum rated capacity of greater than 60 tonnes, other than a vehicle loading crane, was being used, failed to ensure that at least the following persons were involved in the use of the crane:

(a)           one dogger and one rigger; or

(b)           2 doggers; or

(c)           2 riggers,

each of whom had experience in the use of such a crane.

The offender is a crane hire company.

On 13 March 2017, the offender supplied a crane to Gran Designs WA Pty Ltd (Gran Designs) who was the main contractor at a construction site in Yarloop (construction site). The crane was required to move concrete panels that were being used to construct a house.

The offender sent a Liebherr LTM 1070-4.2 Mobile Crane (Liebherr Crane) to the construction site. The Liebherr Crane had a maximum rated capacity of 70 tonnes.

Together with the Liebherr Crane, the offender sent two employees to the construction site:

(a)           a crane operator; and

(b)           a dogman.

Both employees were licensed and experienced.

Regulation 4.58(8) of the Occupational Safety and Health Regulations 1996 (WA) (since repealed) required that a responsible person must ensure that where a crane with a maximum rated capacity of greater than 60 tonnes, other than a vehicle loading crane, is used at a construction site, that in addition to one crane operator, the following persons are involved in the use of the crane, at least:

(i)            one dogger and one rigger; or

(ii)           2 doggers; or

(iii)          2 riggers,

each of whom has experience in the use of such a crane.

There was no other licensed and experienced dogger or rigger involved in the use of the crane on that day. 

The offender was a responsible person in respect of the crane and their employees. While at the construction site, the crane operator and dogman were performing their duties as employees of the accused when providing crane services to Gran Designs. The offender provided the crane with employees.

The offender also made the final decision about which crane to send out and which employees to send with it.

Consequently, on 13 March 2017, the offender breached Regulation 4.58(8) by being a responsible person and not ensuring that a second dogger or rigger was involved in the use of the Liebherr Crane.

The offender was originally convicted on 5 May 2022 after a three-day trial. 

The offender appealed the conviction to the Supreme Court of Western Australia and was successful. The Supreme Court ordered a retrial.

On 17 November 2023 after the retrial, the Magistrate was satisfied beyond reasonable doubt that each of the elements of the offence under s 4.54(8) were proved beyond reasonable doubt and found the accused guilty of the offence.

On 14 December 2023 the Magistrate fined the accused $12,000.

Pursuant to an agreement between the parties, no costs were ordered.