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Prosecution Details

Offender Generation Homes (WA) Pty Ltd


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 Unavailable at time of publication 31 July 2007 24th November 2009 3.55(1)(a) 1.16(2)(b)(i) $6,500.00 24th November 2009
Description of Breach(es)

Being a person who at a workplace was a person having control of the workplace, did not ensure that edge protection that complied with regulation 3.55(5) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984 was provided and kept in place whenever there was a risk that a person could fall 2 metres or more from an edge at the workplace; contrary to regulation 3.55(1)(a) of the Regulations.

Background Details

The Accused was engaged to oversee most aspects of the construction of a residential house located at 40 Harrison Road, Rockingham ("the workplace"). This included the laying of a wooden floor on the second storey of the workplace. The Accused engaged Getts Pty Ltd ("Getts") to perform these works.

On 31 July 2007 a Director of Getts, and a sub-contractor to Getts, attended the workplace and proceeded to access the second storey to begin the flooring works. Access was via an internal stairwell the top of which was approximately 2.4 metres above the floor of the ground floor. There was no edge protection at the top of this stairwell in place at this time. There was also a painter on the second storey at this time. He had accessed the second storey via the unprotected internal stairwell.

Whilst laying the floor on the second storey the sub-contractor was working near the unprotected edge of the stairwell. He fell from the unprotected edge and fell 2.4 metres to the floor below.

Edge protection had been in place prior to 31 July 2007. However, this had been removed by the Accused.

The Accused was a person in control of the workplace to the extent that it had the capacity to arrange for and remove scaffolding that would have prevented this fall as well as the capacity to schedule the majority of the works occurring at the workplace.


Outcome Summary

Pleaded Guilty

Court Magistrates Court of Western Australia - Rockingham
Costs $2,674.70

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