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Prosecution Details

Defendant Santelli Building Co Pty Ltd (ACN 009 435 125)
Section 22(1) & 22A(3) & 3A(2)(b)(i)
Offence Date 20 October 2009
Description of Breach(es)

Being a person that has, to any extent, control of a workplace where persons who are not employees of that person work or are likely to be in the course of their work, did not take such measures as are practicable to ensure that the workplace, was such that persons who were at the workplace were not exposed to hazards.

Background Details

On Tuesday 20 October 2009 a 1st year apprentice bricklayer employed by a labour hire company was working with his host trainer bricklayers.  He was working at a construction site, 124 Abbett Street Scarborough, where a triplex was under construction.

The accused was the builder responsible for the construction including safety at the site.

It had instructed its scaffolder Access Matrix Scaffold Pty Ltd to put a measure in place to stop a person falling into an opening in the first floor of the units onto the concrete pad below.  The accused did not check that Access Matrix did this.

The apprentice bricklayer was working on the first floor of unit B when he stepped onto some pieces of Structaflor particle board flooring covering a section of a void.  The particle board gave way and the apprentice bricklayer fell 2.7 meters onto the ground floor concrete slab.

As a result the apprentice bricklayer fractured his skull, ribs, spine and shoulder.

Prior to the apprentice bricklayer and his supervisor working on the first floor of unit B the Structaflor had been extended over part of the void.  Scaffolding had been erected inside the rest of the void. 

The area of Structaflor over the void looked like it was supported underneath in the way that it was on the rest of the floor and that the open area was protected by the scaffold.  The Structaflor was also spanning a greater distance than that specified by the manufacturer.  This was clearly marked on the underside of the Structaflor.

After the apprentice bricklayer's accident the scaffolder quickly and easily covered the void with planks. 

After the accident the same hazard was found in the other two units and fixed by the scaffolder by covering the voids with planks.

Outcome Summary

The Accused entered a guilty plea and was convicted

Conviction Date 22 Mar 2013
Court Magistrates Court of Western Australia - Perth
Fine $7500.00
Costs $7725.33
Charge Number PE10647/12