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Prosecution Details

Offender MTA Demolitions Pty Ltd


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 PE12863/2007 25 May 2006 31st July 2007 3.123(1) 1.16(2)(b)(i) $15,000.00 (Global) 31st July 2007
2 PE12864/2007 25 May 2006 31st July 2007 3.123(1) 1.16(2)(b)(i) $15,000.00 (Global) 31st July 2007
3 PE12865/2007 25 May 2006 31st July 2007 3.123(1) 1.16(2)(b)(i) $15,000.00 (Global) 31st July 2007
Description of Breach(es)

Charges 1, 2 and 3

On 25 May 266, MTA Demolitions Pty Ltd being an employer at a workplace where demolition work other than class 1, class 2 or class 3 demolition work was being done, failed to ensure that the work was done in accordance with the requirements of Australian Standard 2601; contrary to regulations 3.123(1) and 1.16 of the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984.

Background Details

The accused operates a demolition business and is an employer. Sometime before 25 May 2006 the accused contracted with the Turkish Islamic Association Canning WA ("the Association") to demolish a single storey dwelling situated at 245 Welshpool Road, Queens Park ("the Premises").

On 25 May 2006, a director of the accused, informed a representative of the Association that Western Power needed to be urgently called to the Premises because the consumer power pole located at the property had been brought down in the course of carrying out the demolition work. The incident had resulted in the 4 core live mains power line coming down across Welshpool Road. A Western Power Network Response Crew was dispatched to the Premises.

A WorkSafe WA Inspector also attended the Premises shortly afterwards. On his arrival, the Inspector observed the Premises to be in a state of partial demolition.

Charge 1 - Failure to Erect Security Fencing: Clause of AS 2601

Clause of AS 2601 provides as follows:

'Security fencing shall be provided around the perimeter of the demolition site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition period. Security fencing shall be the equivalent of chain wire as specified in AS 1725.'

Amongst other requirements, AS 1725 specifies that security fencing is to be constructed of 'chain mesh' and is to be a minimum of 1.8m in height. .

Charge 2 - Failure to affix a Warning Notice: Clause of AS2601

Clause of AS 2601 provides as follows:

'Notices in accordance with AS 1319 and displaying the words 'WARNING DEMOLITION IN PROGRESS', or a similar message, shall be fixed to the fencing at appropriate places to warn the public.'

The accused did not affix any warning signs either to the fence running across the front of the Premises, or to any other part of the Premises.

Charge 3 - Failure to Properly Disconnect Electricity Service: clause 3.1.11 of AS 2601

Clause 3.1.11 of AS 2601 provides as follows:

'Services within the structure [being demolished] that are not required to be maintained during the demolition work shall be properly disconnected and sealed before any stripping or demolition commences.'

The term 'services' includes the electricity service. On their inspection of the Premises, the Western Power Network Response Crew determined that neither the consumer cable, which connected the power supply from the main overhead street conductors to the Premises, nor the meter had been removed at the time the incident had occurred. In addition no disconnection sticker had been placed by Western Power inside the meter box. Western Power customarily places these stickers inside the meter box when disconnecting the power supply to premises scheduled for demolition to indicate that the service has been safely disconnected and that it is safe for demolition to proceed. The service could only properly be disconnected by Western Power.

Outcome Summary

Found Guilty

Global fine for all three charges

Court Perth Magistrates Court
Costs $800 (Global)

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.

Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.

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