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Prosecution Details

Defendant Robert Fraser
Section 20(1)(b) and 20A(3)
Offence Date 31 March 2014
Description of Breach(es)

Being an employee, failed to take reasonable care to avoid adversely affecting the safety or health of any other person through any act or omission at work.


Background Details

Robert Fraser was employed by a rigging company as a crane driver. The rigging company was contracted to install steel work at a construction site located at 425 Scarborough Beach Road.

The site is adjacent to an existing commercial area. It is bordered by Scarborough Beach Road and Hutton Street and is surrounded by established commercial buildings. Overhead power lines run along Scarborough Beach Road and a footpath runs below these power lines.

Prior to commencing work at the site, Mr Fraser signed the Job Safety Environment Analysis form (JSA) prepared by his employer. The JSA required, inter alia, that:

  1. there be good communication with the crane driver at all times;

  2. the nominated rigger was to communicate with the crane driver; and

  3. tail ropes to be used to control the loads at all time.

While Mr Fraser attended a site induction, he did not familiarise himself with the power lines which ran outside the building line on Scarborough Beach Road.


Outcome Summary

At approximately 9.30am on that day Robert Fraser took control of a load (which did not have tail ropes on it) and began to move it into position as it was going to be used to tie in tilt up panels on the site.

After Mr Fraser took control of the load on the crane, it became apparent to him that the riggers working on the elevated work platform were not ready to accept the load.

Mr Fraser made the decision to slew the load outside of the building line where it made contact with and brought down power lines into the footpath running along Scarborough Beach Road.

The raker was then brought back within the building line by Mr Fraser. Western Power subsequently attended and undertook the necessary repair work to the powerlines.

Another employee of the rigging company, who was working in a scissor lift on site at the time that the steel raker made contact with the power lines, thought that he may have received an electric shock and was taken to hospital, but was cleared of any injury.

By failing to follow the requirements of the JSA and by slewing the load outside of the building line on site, Mr Fraser failed to take reasonable care not to adversely affect the health or safety of other persons.





Conviction Date 25 Sep 2015
Court Magistrates Court of Western Australia - Perth
Fine $2,500.00
Costs $594.00
Charge Number PE40217/15