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Prosecution Details

Offender Benjamin Robert Dellaca


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 Unknown at time of publication Friday, 3 August 2007 20th November 2009 6.3(2) 6.3(2) $1,000.00 20th November 2009
Description of Breach(es)

Used or operated industrial equipment without being a holder of a certificate of competency that he was required to hold by the national standard in order to use or operate that equipment: contrary to regulation 6.3(1)(a) of the Occupational Safety and Health Regulations 1996.

Background Details

The Accused was engaged as a contractor by DGC Holdings Pty Ltd t/as Distinctive Ceilings ("DGC") to perform ceiling and roofing works at 146 Blair Street, Bunbury. DGC hired an elevated work platform ("EWP") to permit the accused access to the roof and ceiling areas where he was required to work. Prior to hiring this EWP, DGC enquired of the Accused whether he held the appropriate tickets to operate and use an EWP. The Accused replied that he did.

A JLG E400 AJPN EWP was delivered to the workplace for the Accused to use. This EWP has a boom reach exceeding 11 metres and at the time required an operator to hold a certificate of competency before being lawfully allowed to operate such equipment. On 3 August 2007 the Accused was observed by WorkSafe Inspectors working on the roof without a fall arrest system in place. The Accused later admitted to using the EWP to gain access to the roof to perform his work and that he did not hold a certificate of competency to use that EWP.

When later shown a certificate of competency held by a WorkSafe Inspector the Accused confirmed he did not possess such a document.

The Accused admitted to having used EWPs in a former job and had assumed that was sufficient for him to be considered competent to use this EWP. Enquiries of his former employer revealed that the Accused had not received any training that contributed towards the certificate of competency issued under the national standards required by the regulations.

Outcome Summary

Plead Guilty

Court Magistrates Court of Western Australia - Bunbury
Costs $560.70

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