Prosecution Details

Kenneth Ronald Maskiell performed prescribed work, namely scaffolding where a person or object could fall more than four meters from the scaffolding, when he did not hold a certificate of competency that he was required by the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment [NOHSC: 1006 (1995)] to hold to perform that work.

Persons where observed erecting an aluminium mobile scaffold located on the northern elevation of a block of units.

Four lifts of scaffold had been installed, however, the scaffold was not structurally sound in the lower lifts. One person was observed working on the top lift platform when only half the platform was installed. It was approximately 7 metres above ground level. A second person was observed working on a lower platform also with only half the platform installed. This platform was approximately 4 metres above ground level. A third person was observed at ground level passing scaffold components up to the other person as they required various sections.

It was assessed by an inspector that the scaffold was not being erected in a safe manner and that the two persons working at height were not working with regard to their own safety and exposing themselves to the risk of falling. The first lift was not founded safely in that there were no sole plates under the casters, the casters were bearing on sand and lawn. It was also alleged that the first lift lacked structural integrity in that it was not fitted with ledgers on both sides of the bottom bay and a diagonal brace was not fitted on the inside panel.

Departmental records confirm that the persons erecting the scaffold did not hold a relevant certificate of competency to erect the scaffold.

The defendant pleaded not guilty.