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Prosecution Details

Defendant Brendan Keith Purchase
Trading Name Brendan Purchase Carpentry Service
Regulation 3.55(2)
Offence Date 31 May 2011
Description of Breach(es)

The Accused, being a self-employed person, at a workplace, failed to ensure that either edge protection or a fall injury prevention system was provided and kept in place where there was a risk that the Accused and/or his employee could fall more than 3 metres, contrary to Regulation 3.55(2) of the Occupational Safety and Health Regulations 1996.

Background Details

The Accused trades under the name Brendan Purchase Carpentry Service and is self-employed.

In or around early 2011 the Accused was engaged by a building company to assist in the construction of a large shed on a rural property known as Wye Farm located at 79 Poverty Lane, Salmon Gums.

The building company was responsible for the overall construction of the shed.

Upon completion, the shed would be constructed to the following specifications (approximately):

(a)           26 metres long;

(b)           18 metres wide;

(c)           roof ridge height of 7 metres; and

(d)           gutter height of 5 metres.

(the Shed)

The Accused was the host employer of an apprentice carpenter (the apprentice) under a labour hire arrangement and the apprentice was the Accused's only employee.

The Accused was responsible for the apprentice and controlled the tasks the apprentice was to perform.

On 31 May 2011, the construction of the Shed was up to the stage of installing the wall cladding and roof.

The Accused and the apprentice were working on the roof of the Shed.

That work included installing the ridge capping, installing roof sheets and screwing off the roof sheets.

Those tasks required both the Accused and the apprentice to move all over the Shed from the gutter line to the ridge.

The Accused and the apprentice used various tools, including power tools to perform those tasks.

The materials included capping, sheets and screws that were stored and laid at various places over the Shed roof.

Neither the Accused nor the apprentice used any type of fall injury prevention system whilst working on the Shed.

There were no harnesses available on site and none were worn.

There was no edge protection.

A roofer's kit which contains harnesses and lanyards cost $450 each.

After 31 May 2011, the Accused completed the roofing of the Shed with the use of a roofer's kit.




Outcome Summary

The Accused entered a guilty plea and was convicted.

Conviction Date 12 Mar 2013
Court Magistrates Court of Western Australia - Esperance
Fine $4,000.00
Costs $748.00
Charge Number ES105/13