Prosecution Details

Being the main contractor at the workplace at Lot 50 (no 175) Yilgarn Avenue, Northam, 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 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.

The Accused is the owner of the Northam Race Club, located at Northam (the Premises). Located on the Premises at the time of the offence were a race track and a number of associated facilities, including a jockey's change room, site office and race observation tower (the Old Race Club Buildings).

Sometime prior to January 2005, the Accused decided to redevelop some of the facilities at the Premises. The redevelopment plan required demolition of the Old Race Club Buildings. The jockey's change room was a two storey brick building. The site office was a demountable or movable building consisting of a steel base, and walls constructed of hardiflex sheets affixed to a steel frame. The observation tower was a structure constructed of steel.

After making several inquiries and obtaining several quotes, the Accused awarded a contract for demolition of the Old Race Club Buildings to Paul Wessels trading as Wes's Demolition & Salvage. Prior to the commencement of demolition works, the Accused arranged for services such as power and water to be disconnected from the demolition site. At all material times, the Accused remained in control of the demolition site.

As the old jockey's change room and site office buildings were less than 10 metres in height and were not a single dwelling house (Class 2 demolition work) only a licensed person could undertake the demolition. The height of the old observation tower cannot be precisely determined, but was in the vicinity of 10 or more metres.

Neither the demolition licence issued by the Shire of Northam, nor the written quote given by Mr Wessels for the demolition work identified Mr Wessels as having been issued a Class 1 or Class 2 demolition licence. The Accused did not require Mr Wessels to provide proof that he or any one who was to assist him in performing the demolition work had been issued with either a Class 1 or Class 2 demolition licence.

On 2 January 2005, Mr Wessels commenced demolition of the Old Race Club Buildings using an excavator. Demolition was completed by Mr Wessels approximately 2 weeks later. Neither Mr Wessels, nor any person he engaged to assist him in performing the demolition work had been issued with either a Class 1 or Class 2 demolition licence.

The Accused pleaded guilty.

Convicted