On 26 August 1998 a WorkSafe inspector conducted site inspections of two homes being constructed in Contacio Court by the defendant. Both homes were two storey, and at each site, the inspector noted that penetrations or holes in the first floor concrete slab did not have wire mesh and had not been covered with a suitable covering to reduce the risk of falls from a height of 3.5 metres. His Worship said that the charges were serious and that the openings were such that it was possible that a person could be injured by falling through the void or by being struck by materials falling through the void. His Worship noted that the defendant was a building company with 35 years experience and had not been previously prosecuted. The defendent had taken the charges seriously and had taken steps to improve training and internal procedures to avoid a repetition of the offences. With respect to the openings in the slabs, the voids were covered shortly after the Inspector's visit by carpenters on site. But for the guilty plea and the mitigating matters referred to above, His Worship said he would have imposed a fine of $5,000 with respect to each charge. An improvement notice was issued to the defendant at another site in February 1997 citing the same regulation. The defendant pleaded guilty.
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