Prosecution Details

Being the main contractor at the workplace at Lot 60 Robinson Street, Gingin, failed to ensure that Class 2 demolition work to be done at the workplace was done by a person who had been issued with a license to do Class 1 or Class 2 demolition work; contrary to regulation 3.118(b) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984

The accused was at the relevant time the owner of land at Lot 60 Robinson Street, Gingin on which the old Gingin Medical Centre was located.

In July 2004 the accused decided to demolish the old Medical Centre. As the building was less than 10 metres in height and was not a single dwelling house (Class 2 demolition work), the accused sought tenders from persons able to do the work, as it was aware that only a licensed person could undertake the demolition.

The tender request described the nature of the building (medical centre) and the size of the building and indicated that all demolition work was to be carried out by a suitably qualified person as per the requirements of the Department of Consumer and Employment Protection, WorkSafe Division. The tender request also indicated that the accused would require proof of a demolition licence and class held or a letter of exemption of such requirement by WorkSafe. The tender document did not state specifically what class of demolition licence WorkSafe required in relation to this particular building.

A number of tenders were received by the accused, but before accepting any of them, the accused sought an exemption of the requirement that the work had to be done by a person holding a Class 1 or Class 2 demolition licence from the WorkSafe WA Commissioner as it wished to do the demolition work itself with the assistance of volunteers. The Commissioner refused this exemption request in October 2004.

The accused then decided to accept the cheapest of the tenders received in July 2004 to do the demolition work, that of Anthony Berdal t/a Bigga Diggers Pondplan. That tender did not identify that Mr Berdal had a demolition licence of any description from WorkSafe. The accused did not require Mr Berdal to provide proof that he held a Class 1 or Class 2 demolition licence.

On a date unknown between 1 February 2005 and 11 February 2005 Mr Berdal commenced demolishing the old medical centre. Neither Mr Berdal, nor any of the person he engaged to assist him in performing the demolition work had a Class 1 or Class 2 demolition licence. On 10 February 2005 Mr Berdal ceased demolishing the building upon being instructed by a WorkSafe inspector to do so.

Pleaded guilty