Prosecution Details

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards and in particular failed to provide and maintain plant such that, so far as was practicable, its employees were not exposed to hazards.

The site was a three storey development in South Perth comprising two blocks of units, 45 in total, undergoing major renovation work. From the site boundary fence two WorkSafe WA inspectors observed a person on the third level balcony. The balcony lacked edge protection. An anti-fall system was not in use to arrest the person in the event of a fall. The person was working crouched down within 1 metre of the open edge and with his back to the open edge.

The lack of edge protection created a fall hazard from the balcony on the second and third level of the building being renovated.

The defendant made no plea. The penalty was considered under section 19(6) of the Act.

convicted