Prosecution Details

Being an employer, did not so far as was practicable, provide and maintain a working environment in which its employees were not exposed to hazards and by that failure contravened sections 19(1) and 19A(3) of the Occupational Safety and Health Act 1984.

The accused is a building company.

Sometime prior to 25 May 2005 the accused engaged another company to demolish a single story building in Noranda (the building). On 25 May 2005 the demolition work was underway.

An employee of the accused told an employee of the other company (Employee B) which of the steel beams that supported the building and its roof should be removed without being damaged. Employee B operated an excavator, which he used to pull down the building, and another employee of the accused (Employee A) used a steel ladder to reach the steel roof beams and unbolt them.

The demolition of the building was started at the back of the building. As the demolition neared the front of the building employee B used the excavator to pull down the brick wall to which an electrical switchboard had been attached. This exposed live electrical cables, which protruded from the ground. The electrical switchboard for the property then lay on the ground. The meter was still attached to it.

As employee A walked past the live cables he brushed them with the steel ladder. The ladder acted as a conductor and transmitted electricity to him and he received a minor electric shock. The electricity blew a hole in the ladder.

Western Power were contacted. When Western Power disconnects the electricity supply to a property, which is to be demolished, the meter from the electrical switchboard is removed and a large orange sticker is then placed on the electrical switchboard. From 25 August 2003 this has been Western Power's practice.

The accused was found guilty. Sentencing was carried out on 26 March 2007.

Convicted