Prosecution Details

Charge 1: Being a person did class 2 demolition work without being issued with a licence to do class 1 or class 2 demolition work; contrary to regulation 3.117(2) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Charge 2: Being a person who, at a workplace, was the main contractor, did not ensure that any class 2 demolition work done at the workplace was done by a person, who had been issued with a licence 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.

Charge 1
The accused owned and operated a demolition business. At the date of the offence the accused had owned and operated the business for about a year. At all material times the accused had not applied to the WorkSafe Western Australia Commissioner for a class 1 or class 2 demolition licence, and the Commissioner had not issued the accused with a class 1 or class 2 demolition licence.

On about 17 October 2005 the accused provided the owner of a commercial building in Dianella with a written quote to demolish the building. The building had been used as a fast food outlet. The written quote specified that the building was a commercial building and said that the quote included the supply of all permits. The accused's quote was accepted.

On 19 October 2006 the accused met his workers at the demolition site, and instructed them to demolish the building by starting with the roof. The accused then left the demolition site. The workers carried out the demolition of the building until they decided it was too dangerous to continue because it was very windy. On 26 October 2005 two WorkSafe Inspectors attended the demolition site. One of them issued the accused with a Prohibition Notice. As a result work on the site stopped.

Charge 2
Sometime between 19 October 2005 and 25 October 2005 the accused entered into a contract with another company. Pursuant to that contract the accused agreed to pay the company to demolish the building.

An employee and director of this company told the accused that the WorkSafe Western Australia Commissioner had not issued either he or the company with the class of demolition licence needed to demolish the building. He told the accused that he had failed his first attempt to obtain a class 1 demolition licence and was waiting to reapply for it.

On 26 October 2005 the director and three other employees of the company arrived and carried out the work of demolishing the commercial building that was at that site. A short time later three employees who worked for the accused arrived at the site. They were instructed by the accused to assist the company workers to demolish the building that was at the site.

The men had been carrying out the demolition work for about an hour and a half when two WorkSafe Inspectors arrived at the site. One of the Inspectors issued the accused with a Prohibition Notice as mentioned in Charge 1. As a result the demolition work on the site stopped.

On 14 September 2005 the company applied to the WorkSafe Western Australia Commissioner for a class 1 demolition licence. On 10 November 2005 the licence was issued to them. In late November or early December 2005 the company completed the work of demolishing the building in Dianella.

The accused participated in a voluntary record of interview and co-operated fully with WorkSafe during its investigation into the offence.

The accused pleaded guilty to both charges.

The Accused entered guilty pleas to both charges and was convicted.  The Magistrate fined the Accused a global fine of $1,500.00 and ordered costs (global) of $500.00.

Please note that the charges have a global fine. While a penalty is imposed on each charge it is for the global fine and not a separate amount for each charge.