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Prosecution Details

Defendant Cranes “R” Us (WA) Pty Ltd (ACN 100 555 342)
Regulation 6.2(3) & 1.16(2)(b)(i)
Offence Date 10 September 2013
Description of Breach(es)

Being the employer of Simon Peter Pratt, directed or allowed Mr Pratt to drive a truck mounted slewing crane, at a workplace, when Mr Pratt did not hold a high risk work license, contrary to regulations 6.2(3) and 1.16(2)(b)(i) of the Occupational Safety and Health Regulations 1996.

Background Details

On 30 July 2003 Simon Peter Pratt was granted a Certificate of Competency for slewing mobile cranes up to 20 tonnes (C2 class) (Certificate).

On 1 October 2007, the State based certificate of competency licensing regime for high risk work changed to a nationally consistent High Risk Work licensing regime.

Certificate of competency holders were given a transition period of 12 months after the expiry of their certificates to convert their certificates to a High Risk Work Licence.

During this transition period, the certificate holder was not permitted to work during that period until they had submitted an application to WorkSafe to convert their certificates to a High Risk Work Licence.

Mr Pratt's Certificate expired on 30 June 2012.

Mr Pratt did not submit an application to WorkSafe to convert his Certificate to a High Risk Work Licence.

Mr Pratt was employed by Cranes R Us (WA) Pty Ltd (Cranes R Us) as a crane driver.
Cranes R Us was contracted by a building company to lift the steel lintels to the window and door frame areas at a construction site for a residential dwelling located in White Gum Valley (Site).
Cranes R Us directed Mr Pratt to attend the Site and operate a crane to undertake this work.
On 10 September 2013 Simon Pratt was operating the Hino Tadano TS-70M truck mounted slewing crane, (Crane) at the Site.
At all material times Mr Pratt did not hold a high risk work licence and was not entitled to operate the Crane.
By directing and allowing Mr Pratt to operate the Crane in circumstances where he did not hold a current high risk work licence, Cranes R Us has contravened regulation 6.2(3) of the Occupational Safety and Health Regulations 1996.

 




Outcome Summary

The Accused entered a guilty plea and was convicted. The Magistrate fined the Accused $5,000.00 and ordered costs of $688.50

Conviction Date 04 Mar 2016
Court Magistrates Court of Western Australia - Fremantle
Fine $5000.00
Costs $688.50
Charge Number FR1124/2016