Prosecution Details

Being a person who had control of a workplace where persons who were not its employees worked, failed to take such measures as were practicable to ensure that the workplace was such that persons who were at the workplace were not exposed to hazards.

The WorkSafe inspector observed several tradespeople working on the southern and northern elevation scaffold on a building under construction. The hazardous situations included:

Scaffold - bay bracing; handrails; fender boards; and planks where missing; and
Material Hoist - area beneath hoist platform not secured; use of the hoist platform as a working platform; lack of a log book; no SWL markings; and no signage.

The inspector issued a number of notices.

His Worship's oral reasons for decision was that he "noted the evidence of Mr Biagioni to the effect that no permission had been given for tradespeople to work on the defective working platform of the birdcage scaffold. However, his Worship accepted that the legislation imposed a positive duty on employers (and other persons such as the defendant company here) to take practicable measures to ensure that workers and other persons on sites such as this were not exposed to hazards. His Worship accepted that the scaffold construction in the present case failed to comply with the relevant Code of Practice issued by the WorkSafe Western Australia Commission and failed to comply with the requirements of Australian/New Zealand Standard 1576.1:1995."

The Magistrate's decision to impose a fine of $1500 was supported by:

* the evidence of Mr Biagioni that he took steps to prevent persons working on the scaffolding; and
* the defendant company had no prior convictions for breaching the Occupational Safety and Health Act or Regulations.

The defendant pleaded not guilty.