Prosecution Details

(1) Employer failed to provide and maintain a safe workplace such that, so far as was practicable, his employees were not exposed to hazards.

(2) Being a person who had control of the workplace performed prescribed work when he did not hold a certificate of competency as a scaffolder that he was required by the national standard to hold to perform that work.

A complaint was made to the department regarding unsafe scaffold around a residence under construction. On 21 November 1995 the investigating inspector observed persons working on or adjacent to unguarded edges exposing those workers to a risk of injury from a fall from height. Some of the hazards observed were:

* metal frame scaffold did not have guardrail protection;
* frame standards were not founded on base plates or screw jacks;
* an aluminum stepladder served as an extension of the north elevation frame scaffold platform on the north east return, this platform consisted of one plank with no edge protection and was 4.7m above ground level; and
* the first floor level, adjacent stairs and surrounding balcony areas were not provided with guardrail protection.

Mr Taseff had erected the metal frame scaffolding and is not a certificated scaffolder.

The Magistrate stated that the defendant had blatantly disregarded the requirements of the Act. However, he held that this was to be balanced against a number of mitigatory factors in the defendant's favour; such as it was the defendants first offence.